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Posted: 6/17/2020 2:18:24 PM EDT
With the ATF rumored to be buzzing around the arm brace restrictions / ban and it possibly coming to fruition, what would or could the folks here in jersey do with their Troy or Dark Storm other firearm with the SBA3 brace? Does the entire firearm become illegal?
Link Posted: 6/17/2020 4:54:28 PM EDT
[#1]
where are you seeing this?
Link Posted: 6/17/2020 6:07:17 PM EDT
[#2]
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where are you seeing this?
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First on a pod cast with congressman Matt Geatz talking about the ATF crafting plans. Second, Several posts in general about it
Link Posted: 6/17/2020 6:18:31 PM EDT
[#3]
Gaetz Calls on ATF to Cease Plans Restricting Arm Brace Usage

June 16, 2020 Hot Takes Press Room
Congressman Matt Gaetz announced today on his podcast the ATF is crafting secret rules restricting the possession of certain pistol braces by American citizens, and that he has sent them a letter demanding they stop.



"We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans," Congressman Gaetz writes along with six other members of Congress. "We strongly urge ATF to cease taking any actions and reconsider or rescind any secret determinations which call into question the legality of firearms owned by millions of law-abiding Americans."

“There is always a need to vindicate our Second Amendment rights,” Gaetz says on his podcast, "Hot Takes with Matt Gaetz."

He explains that even during very conservative administrations, like President Trump’s, some do “try to make it more difficult to acquire things that shooters need and gun owners need, for safety and for the unique circumstances that an individual may have.”

The congressman emphasizes that Americans must remain proactive in defense of their Second Amendment Rights.







“But now, what we find, is that the ATF is making it very difficult for people to have arm braces. They’re changing standards and changing rules.” Gaetz continues: “And I am particularly frustrated when our government, at the administrative and executive level, goes beyond their grant of authority in our Constitution and in our Federal Statutes. Nothing gives anyone at ATF the ability to constrain the use of arm braces.”

“So the breaking news is this – I’ll be sending a letter to the Department of Justice, asking for a review of the decisions made by ATF and asking that ATF stop, in this crazy effort to limit access to arm braces for people who seek to have them.”

Congressman Gaetz addresses Attorney General William Barr and Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Regina Lombardo in his letter, and says that he is concerned about the ATF’s practice of creating secret regulation, which could have devastating impacts on law-abiding citizens.

Gaetz and his colleagues pose three specific questions to the Attorney General and the Acting Director:



1. What specific criteria does ATF use to determine whether a firearm is designed and intended to be fired from the shoulder?

2. What specific ATF publications are available for Americans to determine whether their firearm is designed and intended to be fired from the shoulder?

3. How many firearms with affixed arm braces have been evaluated by the Firearms and Ammunition Technology Division in support of other law enforcement agencies or criminal prosecutions?



“This practice not only burdens the Second Amendment rights of law-abiding American citizens," Gaetz concludes, "but has recently been used by ATF to stifle innovation within the firearms industry and prosecute unwitting firearm owners.”



The full text of the letter may be found PDF iconhere and also below.





1

2

3



You can hear more about the congressman’s letter to the DOJ and his take on other societal issues in today’s episode of “Hot Takes with Matt Gaetz.”





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Link Posted: 6/17/2020 7:44:48 PM EDT
[#4]
Removing the brace doesn't change the classification. Worst case scenario if the ATF changes their position on the legality of braces simply removing it will keep your "other firearm" NJ legal.
Link Posted: 6/18/2020 6:29:03 AM EDT
[#5]
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Quoted:
Removing the brace doesn't change the classification. Worst case scenario if the ATF changes their position on the legality of braces simply removing it will keep your "other firearm" NJ legal.
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Then what would a replacement be? ASSuming a stock or tube would change the classification
Link Posted: 6/18/2020 8:34:19 AM EDT
[#6]
I don't know the ins and outs of "other". It looks like it would force you to make it a compliant rifle. The classification on paper will always be "other" but you can only assemble what is legal. When I first seen these type of things, I knew it was a matter of time. Its just beating around the bush to have an SBR. Atleast IMO...
Link Posted: 6/18/2020 9:56:11 AM EDT
[#7]
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Quoted:


Then what would a replacement be? ASSuming a stock or tube would change the classification
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Quoted:
Quoted:
Removing the brace doesn't change the classification. Worst case scenario if the ATF changes their position on the legality of braces simply removing it will keep your "other firearm" NJ legal.


Then what would a replacement be? ASSuming a stock or tube would change the classification


Just the buffer tube. The brace is not required for it to he legal. The criteria a firearm has to meet to be classified as "other" is be at least 26" OAL, designed to be fired with two hands, and not designed to be fired from the shoulder. So having a brace or just a buffer tube makes no difference. That's why I said should the ATF change their opinion of the legality of braces simply removing it makes your "other" firearm still legally an "other" firearm.
Link Posted: 6/18/2020 11:18:50 AM EDT
[#8]
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Quoted:


Just the buffer tube. The brace is not required for it to he legal. The criteria a firearm has to meet to be classified as "other" is be at least 26" OAL, designed to be fired with two hands, and not designed to be fired from the shoulder. So having a brace or just a buffer tube makes no difference. That's why I said should the ATF change their opinion of the legality of braces simply removing it makes your "other" firearm still legally an "other" firearm.
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Quoted:
Quoted:
Removing the brace doesn't change the classification. Worst case scenario if the ATF changes their position on the legality of braces simply removing it will keep your "other firearm" NJ legal.


Then what would a replacement be? ASSuming a stock or tube would change the classification


Just the buffer tube. The brace is not required for it to he legal. The criteria a firearm has to meet to be classified as "other" is be at least 26" OAL, designed to be fired with two hands, and not designed to be fired from the shoulder. So having a brace or just a buffer tube makes no difference. That's why I said should the ATF change their opinion of the legality of braces simply removing it makes your "other" firearm still legally an "other" firearm.


Thanks, makes sense. My First thought Was, a tube would change it to a pistol with the short barrel...
Link Posted: 6/18/2020 1:29:31 PM EDT
[#9]
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Thanks, makes sense. My First thought Was, a tube would change it to a pistol with the short barrel...
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my thought is that it becomes an SBR and then falls under NFA
Link Posted: 6/18/2020 1:33:57 PM EDT
[#10]
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Quoted:


my thought is that it becomes an SBR and then falls under NFA
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Quoted:


Thanks, makes sense. My First thought Was, a tube would change it to a pistol with the short barrel...


my thought is that it becomes an SBR and then falls under NFA


That only would be the case under one very specific circumstance: if you took a rifle with a stock and tried to convert it to an "other" or a handgun. Otherwise like I said above, the presence or absence of a brace really has no bearing on whether a firearm classifies as an "other" or not.
Link Posted: 6/19/2020 2:47:33 PM EDT
[#11]
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