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Thread replies: 27
Thread images: 3

File: atf.jpg (20KB, 334x252px) Image search: [Google]
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State: Florida

The ATF recently made it clear that it is legal to fire a pistol from the shoulder using an SB Tactical pistol brace (a device that looks like and can be used as a stock) so long as you don't modify the brace in such a way that undermines its ability to be used as an arm brace.

I got into a fight with some people over the internet who claimed that it is illegal to use this brace from the shoulder only if you admit that you intend to use the device in the method it was not designed for. They are saying it is "constructive intent."

I am under the impression that it is my first amendment right to say I am going to use a non-NFA item I own in whatever method I want to. It's only logical that if the ATF is okay with me shouldering it then they would also be okay with me saying I am going to shoulder it, right? Please explain to me "constructive intent."

PS: I don't own one and probably won't for a while (until I can afford it). Nothing I've done is illegal, and if these guys are right I will not buy the brace since I've never broken a law in my life and would not want to commit constructive intent.

Details on ATF reversal: http://www.thetruthaboutguns.com/2017/04/foghorn/atf-its-legal-to-shoulder-an-ar-15-pistol-equipped-with-an-sb-tactical-arm-brace/ This article does not mention anything about the free speech part of my question, it only says that doing what I am talking about is now legal.
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Wtf guys don't make me go to /pol/ I hate that place and they won't help me
Self bump
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don't use the internet for legal advice.
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>>34725511
If you build a gun with a brace for the purpose of circumventing the NFA laws you are in violation. If you build a gun with a brace with the intention to use it as the design is intended but it happens to touch your shoulder you are fine.

As long as you haven't broadcast your intent to circumvent NFA by using a brace in a manner other than its designed intent it would be very hard to prove intent in a court.

I am not a lawyer.
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>>34725511
>what is lying
>>
>ATF applies logic and says it's fine
> internet says "YAY SBRs for ALL!"
>ATF says "FINE Fuck you all. You shoulder we kill doggos
>ATF realizes position won't win in court
.ATF says "ok we can't fuck you ALL. But we reserve the right to fuck any one of you for using brace to get around SBR."

I am not a lawyer. How much do you love your doggos and how much money can you afford to waste in court?
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>>34725511
Anon do you really need an sbr *that* badly you're willing to risk it with the atf
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>>34725511
Anon, constructive possession is an overly broad bullshit spectrum of legal grey area under which just about everything is illegal.

And I mean everything. If you own gasoline, a shirt, and a glass bottle they can nail you for a Moltov. Have a pressure cooker and some nails in your house? You're the next Boston Bomber.

So just buy it anyway, because you're already guilty of constructive possession for something.
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>>34725839
What if I intended to use the brace solely to enhance the aesthetics of my pistol?
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>>34725963
Maybe he wants an AR but lives in a place that bans assault rifles but not those dangerous and dastardly assault pistols.
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File: 1482450238426.jpg (126KB, 1280x649px) Image search: [Google]
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The whole SBR law is fucking stupid and the assholes that enforce it are fucking stupid, and if you disagree, you should hang yourself for treason, you fucking traitor to liberty. The REAL law governing SBRs is the 2nd amendment, saying you can do whatever the fuck you feel you need to do with your guns, because that's what makes our freedoms secure as a people.

In fact, on March 30, 1939, the Supreme Court heard a case against short-barreled shotties. Attorneys for the United States argued four points. One of them was retarded, but there:
>3.The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.

Now, the decision that said "only" can eat a load of shit out of a horse's ass, but the decision still upholds an individual's right to own ANYTHING a fucking military would use. Do militaries use SBRs? Yes. So any gungrabbing fucknut agency that wants to take them away needs to be dissolved.

I'm not a fan of SBRs, I don't own any SBRs, but FUCK YOU if you think they should be illegal because of some bullshittery definition made by terrified cowards that have no concept of liberty.
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>>34725511
>I've never broken a law in my life
lol that's not even remotely possible
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>>34725981
Any reason other than "YEAH FUCK NFA WE SHORT RIFLE NOW" Is fine anon.
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>>34725981
see >>34711161 >>34711172 >>34721637
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>>34725839
/r/legaladvice disagrees
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>>34725839
Updooted you
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>>34726012
Not true, show me the law that says I can't use a legal pistol brace in whatever method I choose to
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>>34726276
This is less an issue of the laws themselves and more an issue of how the agencies which enforce those statutes interpret them.
The opinion letter in the op doesn't really regard this, but you would want to look into previous letters where they have mentioned things such as buying a brace solely for the intent of circumventing NFA laws will get you buttfucked. However for such buggery to occur you would have to basically shout from the rooftops that you were doing that.

Interesting line from the letter in the op:
>configuring the brace so as to permanently affix it to the end of a buffer tube, (thereby creating a length that has no other purpose than to facilitate its use as a stock)

What if a lanklet did this to better use a sig brace for it's intended function?
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>>34726419
What do you mean "shout from the rooftops?" Like I've talked about it a lot here and on other forums but that's it really
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>>34725511
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>>34727568
Fuckn lol
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>>34725511
>I got into a fight with some people over the internet

Can you gp back there and never return ?
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>>34725975
preach
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>>34725999
calm down m8

He never said he agreed with the law, he's just being pragmatic and being careful to avoid prison under the system as it is today.
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someone please educate me on the collect hard-on for short-barreled ar-15s/ar-15 "pistols" and why they're more desirable than a 30" ar-15
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>>34728853
*collective
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>>34728853
they're cute
Thread posts: 27
Thread images: 3


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