Thom wrote:
jimatbeyond wrote:
eb wrote:
jimatbeyond wrote:
I would recommend that you give the brace to a friend that doesn't have an AR pistol.I find it interesting to hear law-abiding gun owners discussing how to evade the law.
There is nothing illegal about giving a pistol stabilizing brace to a friend.
What is the point of giving it to a friend?
Given the lack of clear understanding of the ATF's ruling and the conflicting and changing statements from the ATF Director and the ATF's website, many are concerned that simply removing the brace will not put them in compliance. Although the ATF Director said this was acceptable to Congress, the written guidance, which has changed at least twice since the ruling was first published, says differently.
The concern is that having both a brace and a pistol in the same location could be considered Constructive Possession.
Edit: Current ATF website (it has changed twice since 1/31):
Quote:
This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. This rule is effective on January 31, 2023, the date it was published in the Federal Register. If the firearm with the “stabilizing brace” is a short-barreled rifle, affected person have 120 days from the date of publication to register the firearm tax-free, which is May 31, 2023. Other compliance options provided under the final rule are the following:
- Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm,
- Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be
- reattached,
- Turn the firearm into your local ATF office,
- Destroy the firearm,
ATF Director's testimony (26 sec mark):
"Detaches weapon from the brace and keeps them apart."
That's different than remove and and dispose or alter.
Suffer Well.