ATF Just Released Their Brace Ruling

[John_Wick]

The LAW forced you to register all your NFA items to date.

This ATF bullshit opinion is not law. Major difference.

Good luck with that argument if you get caught with what the ATF has deemed a stampless NFA item. We can all agree that the ATF changing definitions whenever they feel like it is BS, but, ultimately, if the law says you can't have an NFA item without XYZ and the LE agency tasked with defining what constitutes an NFA item says your item is one, you're going to be charged with a violation of law, not a violation of their opinion.

[GunLawyer001]

Good luck with that argument if you get caught with what the ATF has deemed a stampless NFA item. We can all agree that the ATF changing definitions whenever they feel like it is BS, but, ultimately, if the law says you can't have an NFA item without XYZ and the LE agency tasked with defining what constitutes an NFA item says your item is one, you're going to be charged with a violation of law, not a violation of their opinion.

Only 2% of Federal criminal cases go to trial, most of the rest are worn down until they run out of money for lawyers, so they plead guilty, like General Flynn did.

99.6% of Federal cases end in convictions.

Everyone can play whatever games they wish, but they should know the facts. If they come after you, you have a 0.4% chance of beating them.

[Lemanshooter]

[QUOTE=GunLawyer001;4737549]Only 2% of Federal criminal cases go to trial, most of the rest are worn down until they run out of money for lawyers, so they plead guilty, like General Flynn did.

99.6% of Federal cases end in convictions.

Everyone can play whatever games they wish, but they should know the facts. If they come after you, you have a 0.4% chance of beating them.[/QUOTE]

So....you're tellin me I got a chance!! (Not an attempt to promote breaking the law...BTW)

So, if I remove the brace, I still have the buffer tube. If I shoulder the buffer tube do I now have a SBR? (Kidding on that comment)

But, if this entire debacle somehow prevails, and I register, can I then simply replace my brace with a stock?

[GunLawyer001]

[QUOTE=Lemanshooter;4737585]

Only 2% of Federal criminal cases go to trial, most of the rest are worn down until they run out of money for lawyers, so they plead guilty, like General Flynn did.

99.6% of Federal cases end in convictions.

Everyone can play whatever games they wish, but they should know the facts. If they come after you, you have a 0.4% chance of beating them.[/QUOTE]

So....you're tellin me I got a chance!! (Not an attempt to promote breaking the law...BTW)

So, if I remove the brace, I still have the buffer tube. If I shoulder the buffer tube do I now have a SBR? (Kidding on that comment)

But, if this entire debacle somehow prevails, and I register, can I then simply replace my brace with a stock?

If you grandfather register your "braced SBR", it becomes a registered SBR. You treat it like any other registered SBR. ATF wants to hear from you if you change the length, but I'm not sure what the statutory basis for that is.

[Mr_Gixxer]

So now we're calling it a "grandfather registration". Lol

Register this dick.

[Woodwanderer]

True.
I figure they have 4 goals,
1: get as many people on their lists as they can.
2: get people to hide their illegal firearms
3: test the waters to see how far they can push without significant pushback
4: disassemble or sell their guns

There isn't one of us who own pistol braces that isn't going to fall into one or more of those categories, pick your poison.

Me personally, I won't be joining their list or selling mine.

Problem solved

[Emptymag]

LOL

[HKusp 45]

Only 2% of Federal criminal cases go to trial, most of the rest are worn down until they run out of money for lawyers, so they plead guilty, like General Flynn did.

99.6% of Federal cases end in convictions.

Everyone can play whatever games they wish, but they should know the facts. If they come after you, you have a 0.4% chance of beating them.

I assume there is a way to force them to take you to trial as we are all entitled to a speedy trial , because realistically that 's what they want to avoid. The actual word of law is most definitely on our side.

[GunLawyer001]

I assume there is a way to force them to take you to trial as we are all entitled to a speedy trial , because realistically that 's what they want to avoid. The actual word of law is most definitely on our side.

I assume that Aleksandr Isayevich Solzhenitsyn met many people who believed that, up on the archipelago.

Also, some folks who last visited DC willingly on 1/6/21. They used to believe that as well.

[John_Wick]

I assume there is a way to force them to take you to trial as we are all entitled to a speedy trial , because realistically that 's what they want to avoid.

If you're facing 10-20 years, $250k in fines and a nearly certain loss if it goes to trial, your lawyer is almost certainly going to advise you to take a plea deal. You are entitled to ignore that advice though.

The actual word of law is most definitely on our side.

It really isn't. We wouldn't be here if it was. The law is open to interpretation and the current interpretation is that braced pistols are SBRs. In order to get around the fact that the ATF can't change the law, the ATF has simply asserted that these have always been SBRs. Until this makes its way through the court system and a final determination is made, which will likely take several years, that's where we are. Even in cases where, instead of a brace, there might be something more ambiguous and perhaps the word of law leans more your way than it does theirs, you're still up against the federal government and every person but your lawyer (and maybe your lawyer too if you have a public defender) is a cog in the same machine. I'm certainly not going to tell anyone how they should proceed, but I don't think anyone's plan should be to wave around a braced pistol and then fight the feds in court because "I'm right and they're wrong." I have had a similar discussion with my wife when she fails to yield to a semi barreling down the on-ramp because she has the right of way. You may be right, but you're still going to lose.