Is a SB15 actually illegal?

[Jdougg92]

I have a new Evo3 S1 pistol and is came with the Sig shooting brace.
It was by accident I clicked the news tab on Google and saw the recent developments on the legality of shoulder firing with a brace.
&... Yeah... Who wouldn't be tempted or curious to...

Point is... Is it actually illegal shoot it that way & what are the consequences for doing so?

From what I saw it was only an open letter. Is there anywhere that it is written law that makes it illegal?

Does a government agency have the power to type something up like that and *boom* legal legislation?

Under what infraction of the law would they try me under?

Do I have to worry about... Intent to make an illegal weapon like if I had an AR pistol upper and an AR rifle lower?

And interesting enough I have a Rossi Ranch Hand. If I put that to my shoulder (idk who would with a metal plate being pushed into your shoulder by the power of a 357 mag round) and fire. Is that... Relevant at all to this letter? Is it shooting braces only?
Or is that illegal?

I want to enjoy my new pistol but there are lots of US Marshals,other Feds, and local law enforcement person who are also members at the range I go to. If any one of them sees me shooting from the shoulder (or even what appears to be from the shoulder) am I at risk of getting arrested there on the spot if they are having a bad day?

[peggysue]

opps

[peggysue]

Falls in between the lines. These braces have been brought up and debated at TFL before. Point is if you have on on a pistol it is not a SBR. At the range can be debated. I am not aware of anyone being arrested so far. If rou are worried just pull the brace off the buffer tube.

http://thefiringline.com/forums/show...light=ar+brace

[carguychris]

Originally Posted by Jdougg92

From what I saw it was only an open letter. Is there anywhere that it is written law that makes it illegal?

Strictly speaking, no. However, this is the case with many grey areas in the interpretation of the NFA; often what matters is not what the law literally says, but how the ATF has INTERPRETED that law, and those interpretations are often nebulous and famously subject to change.

Here's what the law says.

Originally Posted by 18 U.S. Code § 921 - Definitions

(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

The NFA famously does NOT contain a definition for the word "pistol," but the generally understood definition is a firearm designed to be operated using a single hand.

Originally Posted by Jdougg92

Does a government agency have the power to type something up like that and *boom* legal legislation?

Not legislation - regulation. Look up the difference.

That said, the ATF has not enacted a formal regulation regarding the SB-15, but they often address questions of interpretation with letters such as this.

Originally Posted by Jdougg92

Do I have to worry about... Intent to make an illegal weapon like if I had an AR pistol upper and an AR rifle lower?

I have a more apt question: Do you want to be the test case?

Originally Posted by Jdougg92

...I have a Rossi Ranch Hand. If I put that to my shoulder ... and fire. Is that... Relevant at all to this letter?

Directly relevant, no, but see my prior response.

[rickyrick]

I'm gonna say, don't fire your pistol from the shoulder....
If you can't resist the urge in public, then I suggest you take a rifle to the range instead.

Or just get the proper sbr stuff

Or like suggested, take the brace off if it's too tempting.

[Joe_Pike]

The ATF seems to be making it up on the fly. Enough so that I probably will avoid building the AR15 pistol that I have been gathering parts for.

[carguychris]

If you can't resist the urge in public, then I suggest you take a rifle to the range instead.

Or just get the proper sbr stuff

Alternately, if the goal is having a short rifle rather than a "faux SBR" simply for the cool factor, another option is a bullpup. Both the Tavor and the K&M M17S are shorter overall than an 11-1/2" AR with an SB-15, and are more potent ballistically due to their 16"+ barrels.

They are, however, admittedly a good deal more expensive than a middle-of-the-road off-the-shelf AR pistol and a LOT more expensive than a roll-your-own project AR built from lower-end components.

[2ndsojourn]

I wouldn't shoulder it at a public range if I were you. If there's any LE there you're asking for trouble. Either take the brace off while you're at a public range, or go somewhere that LE isn't.

[Nakanokalronin]

They basically said there are ways you can't shoot a pistol with the Sig brace even though it's legal to have it on there...

[Tom Servo]

The thread Peggysue linked to has all the answers anyone can provide at the moment. So far, the policy hasn't been tested in court.

As it stands, let's wait until new information before discussing it any further.