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User Panel
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Posted: 3/20/2017 1:00:29 PM EDT
[#1]
It is illegal to shoulder the brace without an approved tax stamp. Just because you have one in the process does not give you the go-ahead to start treating it like an SBR.
Just be patient, the day will come soon enough when you get magical piece of paper that allows you to legally put a piece of plastic to your shoulder that has a piece of metal shorter than 16" attached to it. |
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Posted: 3/20/2017 1:03:02 PM EDT
[#2]
Really?
Every week another round of the same questions! |
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Posted: 3/20/2017 1:09:34 PM EDT
[#3]
MI has pistol registration?
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Posted: 3/20/2017 1:13:37 PM EDT
[#4]
Quote HistoryQuoted:
MI has pistol registration? And to the guy who can't believe I'm asking this question, I just want to know for my own personal benefit. No need to judge because I am uninformed, I'm just trying to learn. |
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Posted: 3/20/2017 1:30:42 PM EDT
[#5]
Quote HistoryQuoted:
Yes. And to the guy who can't believe I'm asking this question, I just want to know for my own personal benefit. No need to judge because I am uninformed, I'm just trying to learn. As far as believing you asked, that I had no problem with, I am just saying when it comes to braces, the same thing gets asked over and over again and again. It is a pistol by your own statement, think about it! |
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Posted: 3/20/2017 2:00:25 PM EDT
[#6]
Quote HistoryQuoted:
I have no problem with people wanting or trying to learn, but every single week, the same questions get asked over and over again, just a little small amount of time and you could have looked through this section and you would have found the answer. As far as believing you asked, that I had no problem with, I am just saying when it comes to braces, the same thing gets asked over and over again and again. It is a pistol by your own statement, think about it! |
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Posted: 3/20/2017 2:01:45 PM EDT
[#7]
Okay then, question has been answered. Better lock thread before the butthurt for a ridiculous "law" starts flowing.
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Posted: 3/20/2017 5:25:47 PM EDT
[#8]
We should have a sticky thread "Can I put this to my shoulder" followed by an answer of "Do you want to be kicked in the balls?" The same answer applies.
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Posted: 3/20/2017 5:57:56 PM EDT
[#9]
Quote HistoryQuoted:
No need to judge because I am uninformed, I'm just trying to learn. Shouldering a pistol is in a gray area of the law. It could prove intent to illegally build an SBR if it has a stock like brace on it. But people with just buffer tubes cheek weld it and put it against their shoulder all the time with no problem AFAIK. So it's not the shouldering it that's illegal in my interpretation, it's the purposeful circumventing of the NFA tax and building an SBR illegally by misusing a brace as a stock. It doesn't matter if you have paperwork pending or not as best I can tell. So without really offering you any solid answer (because there is none) my recommendation is to handle properly as an AR pistol in public until you have your stamp in hand. Cheers! -JC |
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Posted: 3/20/2017 8:55:31 PM EDT
[#10]
Quote HistoryQuoted:
Fair enough. Shouldering a pistol is in a gray area of the law. It could prove intent to illegally build an SBR if it has a stock like brace on it. But people with just buffer tubes cheek weld it and put it against their shoulder all the time with no problem AFAIK. So it's not the shouldering it that's illegal in my interpretation, it's the purposeful circumventing of the NFA tax and building an SBR illegally by misusing a brace as a stock. It doesn't matter if you have paperwork pending or not as best I can tell. So without really offering you any solid answer (because there is none) my recommendation is to handle properly as an AR pistol in public until you have your stamp in hand. Cheers! -JC |
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Posted: 3/20/2017 10:30:50 PM EDT
[#11]
Quote HistoryQuoted:
Fair enough. Shouldering a pistol is in a gray area of the law. It could prove intent to illegally build an SBR if it has a stock like brace on it. But people with just buffer tubes cheek weld it and put it against their shoulder all the time with no problem AFAIK. So it's not the shouldering it that's illegal in my interpretation, it's the purposeful circumventing of the NFA tax and building an SBR illegally by misusing a brace as a stock. It doesn't matter if you have paperwork pending or not as best I can tell. So without really offering you any solid answer (because there is none) my recommendation is to handle properly as an AR pistol in public until you have your stamp in hand. Cheers! -JC |
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Posted: 3/22/2017 1:29:05 AM EDT
[#12]
For the TL;DR crowd, here is a summary:
Can a PISTOL be shouldered at all? - NO Can an SBR registered to you be shouldered? - YES |
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Posted: 3/22/2017 2:16:44 AM EDT
[#13]
Quote HistoryQuoted:
.... Can a PISTOL be shouldered at all? - NO - OS |
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Posted: 3/22/2017 2:57:08 AM EDT
[#14]
Quote HistoryQuoted:
Never seen any ATF ruling or opinion that states that. Please elucidate. - OS Quote HistoryQuoted:
Quoted:
.... Can a PISTOL be shouldered at all? - NO - OS Last I saw, ATF issued a ruling that none of the braces can be shouldered unless registered as SBR and tax paid. A tube should fall in the same realm but feel free to write them a letter if you want clarification. As for me, no shoulder without the golden tax stamp. |
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Posted: 3/22/2017 3:20:38 AM EDT
[#15]
There's only one way to know. Call and write the atf
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Posted: 3/22/2017 2:57:17 PM EDT
[#16]
Quote HistoryQuoted:
I have a better idea, why don't you "elucidate" what pistol can be shouldered legally?... And not just in the AR pistol world: 
- OS |
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Posted: 3/25/2017 12:37:43 AM EDT
[#17]
Quote HistoryQuoted:
MI has pistol registration? |
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Posted: 3/25/2017 1:22:08 AM EDT
[#18]
Quote HistoryQuoted:
??? Quote HistoryQuoted:
Quoted:
MI has pistol registration? - OS |
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Posted: 3/25/2017 10:20:10 AM EDT
[#19]
(It is not illegal to shoulder a pistol.)
People keep assuming their own opinion based on letters. I have never seen a letter that specifically says it is illegal to shoulder a pistol. If it was as simple as that then every letter would say ''illegal to shoulder a pistol'' in the wording. It is illegal to put an arm brace on a pistol with the ''intent'' to use it as a stock. Shouldering or not. |
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Posted: 3/25/2017 11:19:28 AM EDT
[#20]
"Intent" is the key word in these discussions....
Problem is, you don't get to define your "Intent" The BATF defines your "Intent" |
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Posted: 3/27/2017 9:02:55 PM EDT
[#21]
I suppose one's lawyers would need to request what size feeler gauge was used between the buffer tube and the shoulder to determine whether you were shouldering, or just simply getting close, or brushing your shirt.
I don't recall any minimum distance mentioned by the BATF. Shooting with a cheek rest really looks like you are shouldering it even if you definitely are not. This is also why I used a cheek rest and not an arm brace. An arm brace isn't being used as intended if you are using it as a cheek rest. A cheek rest is being used exactly as intended unless you are intending to use it against your shoulder as a stock. But that would be dumb wouldn't it. |
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