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Old July 11, 2020, 10:55 PM   #1
TXAZ
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If the ATF bans braces.....

Assume for the sake of argument that the ATF bans braces on "AR-style pistols".

What happens next?
Do owners of these just remove the brace and call it a day?
Or is the entire weapon illegal and has to be turned in, destroyed or converted to something else?
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Old July 11, 2020, 11:14 PM   #2
Aguila Blanca
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It would depend on how the rule is worded. Off the top of my [not-a-lawyer] head, my guess would be it would be the same as bump stocks -- take off the "brace" and install a bare buffer tube if it's a pistol, or a standard buttstock if it's long enough to be a rifle.
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Old July 12, 2020, 06:39 AM   #3
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It's pretty unlikely that a law banning braces would also ban the firearm that they are attached to.

The details of what existing owners were required to do would be in the law. If you can provide the text of the law, then the details in it will explain what existing owners must do.

The issue is that laws don't read like this:

"Machineguns must be registered."

They read like the text in the provided link below (I can't paste it into the post--it's far too large for a TFL post--about 50 pages). One can read through the text in the link and find out the details of how to register a machinegun properly. But it's impossible to answer those questions if the only information provided is a simple statement like the one above.

https://www.atf.gov/file/58141/download

The questions you are asking are kind of like someone saying this:
Let's assume for the sake of argument, that someone invents a flying car.

How would that work?
Would it be legal to use it with just a drivers license?
Exactly what pressure would be in the tires?
Would it run on a turbine engine or something else?
We might be able to speculate about the legality of using it with a driver's license or about what kind of engine it might use, but we can't know for sure. Because the car is hypothetical and not reality, there's nothing we can examine to provide accurate answers.
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Old July 12, 2020, 10:02 AM   #4
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I have a very good friend who happens to be an AFT agent. He knows what I have and what I don't. The words of this particular agent were this - "So long as you aren't out doing something stupid and breaking the law otherwise, no one is coming after you for little things. We simply don't have the time or resources going after the big fish"

Illegally owned class 3 items, that's big fish stuff. They aren't hanging out at ranges trying to bust the average Joe on details.

I speculate most guys on this forum are law abiding gun owners. I doubt many here are drilling a 3rd hole in their AR lower and dropping in an M-16 trigger group. Keeping a watchful eye to stay off the slippery slope - absolutely.
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Old July 12, 2020, 10:07 AM   #5
Aguila Blanca
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Quote:
Originally Posted by 2wheelwander
I have a very good friend who happens to be an AFT agent. He knows what I have and what I don't. The words of this particular agent were this - "So long as you aren't out doing something stupid and breaking the law otherwise, no one is coming after you for little things. We simply don't have the time or resources going after the big fish"
In other words, go ahead and break the law but don't get caught?

First, that's illegal, and you can't guarantee that you won't get caught. Second, passing along "advice" such as this comes perilously close to violating our rule about not advocating illegal activities.

There is no rule banning "wrist braces." Unless such a rule is enacted, all discussion is hypothetical.
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Old July 12, 2020, 10:32 AM   #6
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I'm considering a 10 in 300 Blackout build. I have a "Multi" lower sitting in a box.
News of this potential ban ,plus the price of the braces leads me to think I might go with a rubber crutch tip on the buffer tube.
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Old July 12, 2020, 12:36 PM   #7
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My guess (and its worth what you paid), is it would go as the “bump stock” ruling went. Simply take the brace off and use the gun just like we did before “braces” came along.
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Old July 12, 2020, 02:33 PM   #8
Frank Ettin
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Quote:
Originally Posted by TXAZ
Assume for the sake of argument that the ATF bans braces on "AR-style pistols".

What happens next?....
Quote:
Originally Posted by Aguila Blanca
It would depend on how the rule is worded....
AB's is the only possible answer.

These are generally pointless discussion. Until there's something definite on the books all anyone can do is guess.
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Old July 12, 2020, 02:49 PM   #9
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"we don't have time for that..."

Was Joe Biden's answer to why there were so few Federal prosecutions of people lying on the 4473 form.

It very well may be that they don't "have time" to bust the little guy, TODAY.

Doesn't mean its ok to break the law, only a comment on your odds of getting caught...today.

IF the people running the agency decide to change the focus of enforcement (which could happen at any time, and under any administration), the odds of you getting busted for breaking the law, will change.

The ATF has a long history of changing its mind about what is and isn't a crime, and it is also subject to being ordered to change its rulings and enforcement priorities.

If you count on a cop/agent's advice as legal bedrock, you could find yourself on very shaky ground. They might honestly be telling you the truth as they know it, but that's no guarantee they are right.
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