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BATFE Classification of Arm Braces out for comment


Sandman1957
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News from Reeves & Dola, LLP
ATF to Withdraw Its Notice on Objective Factors for Classifying Weapons with Stabilizing Braces
It hasn't even been a week, but the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") will be withdrawing its Notice on the Objective Factors for Classifying Weapons with "Stabilizing Braces". Marvin Richardson, Associate Deputy Director of ATF, signed the withdrawal notice, which reads as follows:
"Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document.
The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement."
The withdrawal notice is dated December 23, 2020, but it has not yet been published officially in the Federal Register. We expect to see the unofficial public inspection release tomorrow, December 24, 2020, with an official publication date on or around December 28, 2020.
Happy Holidays from all of us at Reeves & Dola!
The above alert is for informational purposes only and is not intended to be construed or used as legal advice. Receipt of this alert does not establish an attorney-client relationship.

 

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  • 3 weeks later...

I have no guns in rifle calibers with short barrels, duplex triggers, or braces. These things are efforts to circumvent existing laws. We shouldn't act surprised when the BATF shows an interest. Never owned a bump stock, either.

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I have no guns in rifle calibers with short barrels, duplex triggers, or braces. These things are efforts to circumvent existing laws. We shouldn't act surprised when the BATF shows an interest. Never owned a bump stock, either.

 

Absolutely correct.

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  • 4 weeks later...
  • 4 weeks later...

I don't understand how a 5.56 caliber, a rifle caliber, firearm with less than a 16" barrel can constitute a "pistol" with a "pistol brace." If it walks like a duck and quacks like a duck it's a duck. It's a SBR IMO. Same thing with "pistol" shotguns with less than 18" barrels.

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I don't understand how a 5.56 caliber, a rifle caliber, firearm with less than a 16" barrel can constitute a "pistol" with a "pistol brace." If it walks like a duck and quacks like a duck it's a duck. It's a SBR IMO. Same thing with "pistol" shotguns with less than 18" barrels.

Sorry you can't understand how the law works.

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I don't understand how a 5.56 caliber, a rifle caliber, firearm with less than a 16" barrel can constitute a "pistol" with a "pistol brace." If it walks like a duck and quacks like a duck it's a duck. It's a SBR IMO. Same thing with "pistol" shotguns with less than 18" barrels.

Screenshot_20210225-153648_Facebook.jpg

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  • 3 weeks later...

IF I AM NOT MISTAKEN BACK IN THE EARLY 80'S STEEL CORE AMMO WAS BANNED. I REMEMBER THAT WHEN ATF CAME TO MY SHOP IN WV. THEY ASKED IF I HAD ANY ON THE SHELVES. I HAD SAID NO AS IT WAS TRUE. I HAD HEARD THAT THEY WOULD BE LOOKING FOR IT. THEY DIDN'T EVEN BOTHER TO GO OVER MY RECORDS.

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That was pistol AP ammo ...." cop killer " ammo . When these pistol AR 5.56s came out , they tried to ban M855 claiming it now fell under the ban . That failed .

The "R" and the last " S " in SBR and SBS stand for "rifle " and "shotgun " which are classifications of shoulder fired weapons . A shotgun that has never had a stock on it could not be shoulder fired ergo cannot be a SBS .

Chris

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