ATF Open Letter on the Use of SB Tactical Pistol Stabilizing Braces® YOU CAN SHOULDER

[eagleclaw]

If I run my mower on the street, have I reclassified it as an automobile that will now need proper registration, insurance, and turn signals?

Actually this question is a good analogy when it’s compared to the question of whether it’s legal to shoulder fire a Sig brace/arm brace.

The vehicle code does allow a lawn tractor to be driven on the roadway. One does not need turn signals, insurance, etc. because it’s exempt from registration. According to PA Vehicle code 1302(18) there are vehicles that are exempt from registration that could be driven on the roadway and a lawn tractor under 20 Hp fits the first part of the definition.

http://www.legis.state.pa.us/cfdocs/...tn=2&subsctn=0

1302. Vehicles exempt from registration.
18) Any farm and garden vehicle under 20 horsepower driven incidentally upon a highway, as determined by the department.

However, similar to the Sig brace ruling, the second part of the exemption is where it gets muddy.” Driven incidentally upon a highway” and as “determined by the department”, who in the department determines these two elements. It sounds a lot like the ATF letter where it indicates that ATF is not concerned if an unmodified arm brace is fired from the shoulder in an “incidental, sporadic, or situational use” manner.

This goes to show that according to the vehicle code, driving a lawn tractor on the street is just as legal as shouldering a Sig brace.

[chp1911]

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[chp1911]

Actually this question is a good analogy when it’s compared to the question of whether it’s legal to shoulder fire a Sig brace/arm brace.

The vehicle code does allow a lawn tractor to be driven on the roadway. One does not need turn signals, insurance, etc. because it’s exempt from registration. According to PA Vehicle code 1302(18) there are vehicles that are exempt from registration that could be driven on the roadway and a lawn tractor under 20 Hp fits the first part of the definition.

http://www.legis.state.pa.us/cfdocs/...tn=2&subsctn=0



However, similar to the Sig brace ruling, the second part of the exemption is where it gets muddy.” Driven incidentally upon a highway” and as “determined by the department”, who in the department determines these two elements. It sounds a lot like the ATF letter where it indicates that ATF is not concerned if an unmodified arm brace is fired from the shoulder in an “incidental, sporadic, or situational use” manner.

This goes to show that according to the vehicle code, driving a lawn tractor on the street is just as legal as shouldering a Sig brace.

All this shows is that a lawn tractor is not required to be registered.It does not say it is legal to drive it on the roadway. The letter from the BATFE says that attaching a Brace to a pistol does not consitute the "making" of a NFA firearm. It does not say it is legal to fire said weapon from the shoulder.

[NathanB]

No but it's not saying it's illegal either so some dumbass will send an open letter again and it will end up with another clusterfuck

[Emptymag]

No but it's not saying it's illegal either so some dumbass will send an open letter again and it will end up with another clusterfuck

Not sure how much more of a clusterfuck it can get than where it stands right now.

In comparison, the original clusterfuck must have just been a test run.

[arjohnson]

Some people actually have problems that the brace addresses. Way too generalizing. But you probibly have nullified your use of a brace with the statement.

Not an issue as I don't have a brace on any of my guns, when it comes to something such as this I'd spend the 200.00 to avoid any legal issues. Not worth trying to get around the law IMO.

[eagleclaw]

All this shows is that a lawn tractor is not required to be registered.It does not say it is legal to drive it on the roadway. The letter from the BATFE says that attaching a Brace to a pistol does not consitute the "making" of a NFA firearm. It does not say it is legal to fire said weapon from the shoulder.

No you are wrong. Anyone could own a vehicle and not registered it with Penndot, but if it isn’t registered they can’t drive it on the roadway. However, the vehicle code in 1302 lists exceptions to that rule. This means the vehicles listed in that section or fitting the definition could be driven on the roadway without any registration. I just pointed out that the ATF letter is just as vague as Penndot allowing lawn tractors on the roadway.

[Emptymag]

Broken down to it's most basic form, the ATF original opinion is dumb as fuck.

The equivalent of saying that by shooting a rifle one-handed, you have reclassified it as a handgun, thus the need to have it transfered into your name or transfered as a handgun to the next owner.

[39flathead]

Broken down to it's most basic form, the ATF original opinion is dumb as fuck.

The equivalent of saying that by shooting a rifle one-handed, you have reclassified it as a handgun, thus the need to have it transfered into your name or transfered as a handgun to the next owner.

You should write a letter and ask for clarification.