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Member
This is why we can no longer have nice things.....Originally Posted by militarymoron
STOP beating this question to death and ruining things for everyone.
Shoulder whatever you want until someone comes out *on their own* with a law against it. Don't beat the crap out of it to have one created.
Moderator
beating to death? it's a legit technical question as the weapon pictured is being sold as a 'firearm', not a pistol, which is why the vertical grip is legal on it. the question that is being beaten to death has been about the SIG brace on a pistol.
As for asking questions - this is a technical forum created specifically to answer questions such as these.
Edited to add: i think i have my answer though. it's 'no'.
Last edited by militarymoron; 01-18-15 at 21:50. Reason: additional info
Member
I agree. Going by the 'logic' in the latest letter, shouldering any of these AR pistols or firearms (with or without a brace or other tube 'dressing') would have the same effect of 'redesign.'
Member
My solution ... I am setting up my trust and getting a stamp . Problem solved. Fortunately , I live in a state where this is possible.
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Member
That is a good solution but even if you live where its possible that now will make interstate transport that much harder...
Member
I'm working on that as well. One thing I am concerned about is the possibility that the ATF will be changing the trust situation to require all responsible persons named to still obtain a CLEO sign-off, submit fingerprints and photo, etc. Whether or not they will grandfather previous tax stamp approvals or require those things retroactively hasn't been discussed too much, and it's supposed to come up again around May.
If a receiver was built as a pistol and then later turned in to an SBR receiver, it can be converted back to a pistol with no problem, legally. If a revision to the rules were to happen retroactively and a person couldn't get a CLEO sign-off, that would at least leave the option to go back to a pistol.
Senior Member
The quotes are taken directly from the BATF's open letter. According to what the the BATF has identified as the "Plain language" of the NFA the lynch pin is "Shoulder fired". It's not hip fired, leg fired, elbow fired, head fired or chest fired. No other part of the human body is mentioned in that section of the NFA. A modified isosceles or modified position sul would not involve any contact with the shoulders.
The NFA, 26 USCS § 5845, defines “firearm,” in relevant part, as “a shotgun having a barrel or
barrels of less than 18 inches in length” and “a rifle having a barrel or barrels of less than 16
inches in length.” That section defines both “rifle” and “shotgun” as “a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder….” (Emphasis added).
Therefore, ATF concluded that, pursuant to the information provided, “the device -2-
Because the
NFA defines both rifle and shotgun to include any “weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder,” any person who redesigns a stabilizing
brace for use as a shoulder stock makes a NFA firearm when attached to a pistol with a rifled
barrel under 16 inches in length or a handgun with a smooth bore under 18 inches in length.
is not designed or intended to fire a weapon from the shoulder.”
The pistol stabilizing brace was neither “designed” nor approved to be used as a shoulder stock,
and therefore use as a shoulder stock constitutes a “redesign” of the device because a possessor
has changed the very function of the item. Any individual letters stating otherwise are contrary
to the plain language of the NFA, misapply Federal law, and are hereby revoked.
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