Pennsylvania Firearm Owners Association
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  1. #1
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    Default Man wins case vs. ATF - IMPORTANT READ

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    ATF Prosecutes Ohio Man for AR Pistol with Brace
    The Bureau has defied its own definitions, saying that adding a pistol brace to a pistol made it a short-barreled rifle.

    By Joseph Albanese October 30, 2018

    Legal accessories added to an AR pistol landed an Ohio man in hot water with the Bureau of Alcohol, Tobacco, and Firearms.

    The Prince Law Firm’s blog recently brought attention to the case of U.S. v. Wright (3:18-CR-16), in which the northern Ohio man is charged with a series of violations regarding the accessories he added to a Sharps Bros. AR-15 pistol known as The Jack. The ATF alleges that the added parts created a Short Barreled-Rifle, which the defendant did not register as required by the National Firearms Act.

    According to the evidence list for the upcoming trail, the equipment that brought about the alleged infraction included a Maxim CQB Pistol AR 15 PDW brace, Stark Express angled foregrip, and a flash suppressor that added about two inches to the 7.75-inch barrel. These items were all previously approved by the Firearms and Ammunition Technology Division, the arm of the ATF charged with responding to technical inquiries and testing and classifying products submitted to them for review, as well as providing technical services to the firearms industry and other members of the public.

    Luckily there was a happy ending to the saga, with the jury returning a not guilty verdict after a short deliberation. The most alarming part of this indictment is that the U.S. Attorney’s Office for the Northern District of Ohio even sought to prosecute the case. The [Prince Law Offices blog] (https://blog.princelaw.com/2018/10/2...might-be-next/) went as to far as saying the U.S. Attorney’s Office invented the charges ‘out of whole cloth,’ completely fabricating the entire basis for the case.

    The U.S. Attorney’s Office even went as far as trying to bar the approval letters from the ATF’s Firearms and Ammunition Technology Division from being used in court. The trial pitted ATF Firearms Enforcement Officer Eve E. Eisenbise as an expert witness for the government against the defendant’s expert Richard Vasquez, a former employee of the Firearms and Ammunition Technology Division. Eisenbise held that the Maxim Defense extension was a shoulder stock, while Vasquez, and the jury, contended it was not.

    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  2. #2
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    I suppose by placing a pad on the brace, the ATF assumes he's intending using as a shoulder stock...which they believe makes it a SBR instead of an AR pistol.

    Insanity.
    Last edited by alpacaheat; November 1st, 2018 at 01:45 PM.
    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  3. #3
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    Has anybody yet prosecuted the bimbette who cut an AR-15 into an SBR on camera for a political campaign ad? That one unambiguously met the definition...

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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    Quote Originally Posted by alpacaheat View Post
    I suppose by placing a pad on the brace, the ATF assumes he's intending using as a shoulder stock...which they believe makes it a SBR instead of an AR pistol.

    Insanity.
    What would be the purpose of the rubber shoulder pad? To use the pistol as a cane?

    The Internet hysteria based on the blog post assumes that he used a pistol (never a rifle), placed an approved angled forward grip on it, and used an unmodified approved "brace".

    Not entirely true.

    That brace was not approved by ATF with a rubber shoulder pad. That's an important fact.

    Let me repeat what I've been pointing out for years, that NFA's regulation of SBR's is an irrational by-product of the original intent to ban all handguns in 1934. If you ban handguns with a prohibitive $200 tax (when men were glad to make $1 a day), then criminals will fill the need for concealable guns by taking unregulated rifles or shotguns and cutting them down. So they covered that loophole in the handgun ban with the SBR ban.

    Then they found that they just didn't have the votes to ban handguns. So they stripped that out. But left in the irrational SBR/SBS ban. Which is still there today.

    It's a stupid law, but it is the law, and as is usually the case, this Wright case is being misrepresented widely, like the Olofson case, which involved a man acting as an unregistered manufacturer and dealer, who knowingly lent out an AR-15 that had 3 settings but "malfunctioned" on the full-auto setting by unreliably doubling.

    I'm glad the jury nullified the statute in his case. I wish Congress would amend the NFA to take out SBR's and silencers and fix the AOW quagmire, or better yet just repeal the entire NFA and the bad parts of the 86 FOPA. Until then, don't modify your bump stock, or pistol brace, or Shockwave "not a shotgun", unless you know what you're doing. The pistol brace is on thin ice, I don't know anyone who can use one and aim it by aligning the sights with his eyes. If your device is at the edge of legality, don't do any home-brew crap to it that pushes it over.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    Quote Originally Posted by Sgt.K View Post
    Has anybody yet prosecuted the bimbette who cut an AR-15 into an SBR on camera for a political campaign ad? That one unambiguously met the definition...
    The problem with that is that she probably thought that she had destroyed the rifle, not created a short but functional rifle.

    You don't have to know that your act is illegal to be successfully prosecuted, but you have to know that you're performing the act. If I didn't know that it was illegal to sell heroin, but I knew I was selling it, I'm guilty. But if I genuinely thought it was baby powder or ginseng, and was selling it at baby powder or ginseng prices, I have a good defense, because I was unaware that I was committing the bad act.

    It's illegal to knowingly manufacture an unregistered SBR (with obvious exceptions). I don't commit that crime if I drop a Title I rifle into a wood chipper and it gets mangled but will still fire 1 shot. I'm also not culpable if I believe that cutting the barrel off will disable the gun, so that it's not a rifle because it won't function any more. Lots of machines will cease function if you remove parts, it's reasonable for an ignorant hoplophobe to assume the same applies to guns. See how well your revolver works if you remove the cylinder or trigger or a few springs.

    On the other hand, that idiot talking head who brought a functional 30-round magazine into DC and showed it on live TV, HE knew what he was doing, and it's absurd that they let him off without prosecution. I don't care if he lacked criminal intent and that he was only doing it in aid of more gun control, he knew that he had a prohibited mag in DC.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    Galations 6:9...And let us not grow weary of doing good, for in due season we will reap, if we do not give up.
    Ashli Babbitt - Patriot

  7. #7
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    I'll bring nothing constructive to this thread.

    F- the ATF

    F- the IRS.

  8. #8
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    I have a very knowledgeable friend who lives in Ohio and here is what he said on another sight regarding Ohio and why this ended up in the hands of the ATF.

    I'm assuming here the entire issue is Ohio's messed up laws that don't mirror federal laws. Again. This happened more than once with Ohio's law on machine guns. Technically Ohio cant prosecute you for having a machine gun, they turn it over to the feds. The old machine gun laws in Ohio here stated "Any semi auto that holds more that 31 rounds, in the mag and chamber, is a machinegun". More than one was was ruled, by the state of Ohio, as a machine gun. From there it would get turned over to the feds for violating the GCA and NFA and the feds would rule on it in court, similar to this case. As it stands, Ohio doesn't recognize a "firearm" classification and they have nothing on the books about braces. So those two can get kicked up into the fed courts as illegal SBRs such as this case.
    Modified brace:


    standard brace:


    It appears putting a rubber bumper from the bottom of a cane or crutch is a no no which we all should already know since it's been repeated over and over to NOT modify any approved brace of the condition it came in the box.
    Last edited by Hodgie; November 1st, 2018 at 03:23 PM.

  9. #9
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    I'm hearing reasons that what he used does not constitute a brace but he won his case? Or am I missing something?
    Gender confusion is a mental illness

  10. #10
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    Default Re: Man wins case vs. ATF - IMPORTANT READ

    Quote Originally Posted by GunLawyer001 View Post
    What would be the purpose of the rubber shoulder pad? To use the pistol as a cane?
    To be able to stand the gun up in the safe without it slipping. That's my answer and I'm sticking to it.

    Personally, if I'm gonna shoulder my AR pistol, I can do so with just a buffer tube. Sure, it might be more accurate with something that *resembles* a stock, but it's a 7" barrel, not a "reach out and touch someone" tack driver.

    My 2¢

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