If you don't have a copy of the ATF approval letter for that particular muzzle break, you're on your own. I emailed SOG asking them if I could have a copy of their letter and they gave me this lame response:
We do not supply a letter from the ATF, but it is legal.
Thanks,
Tina
Sog Armory
The ATF ruled that anything that even _partially_ performs the function of a flash supressor is a flash supressor. The SOG break looks just like an A2 supressor only with the end capped off. There is a good chance your typical ATF agent would try and bust you for having it, and could easily prove that it is a partial flash hider (heck it's even advertised on their site as a "post-ban legal flash hider"). Do you think then SOG will provide their legal council to defend you? YEAH RIGHT! The only defense you've got is an approval letter from the ATF saying you can use that break on a post-ban AR. I would strongly recommend _NOT_ using SOG's break and getting one that is accompanied by such a letter. There are plenty out there to choose from. If you're going to use SOG's, you may as well put a real flash hider on there as you'll probably end up in the same boat if you get caught with either one.
Here's a copy of that ATF letter about flash supressors:
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, DC 20226
MAR 25 1999 903050:CHB
3311
Dear Mr. Bardwell:
This refers to your letter of January 13, 1999, in which you ask
about flash suppressors. As you are aware, the term flash
suppressor appears in the definition of a semiautomatic assault
weapon in section 921(a)(30) of Title 18, United States Code. The
term flash suppressor is not specifically defined in the statute.
A flash suppressor is a device which diminishes the visible flash
which occurs at the muzzle of a firearm as the bullet leaves the
barrel. While certain devices are exclusively designed as flash
suppressors, many other muzzle attachments are designed to perform
multiple functions such as a combination flash suppressor and
grenade launcher, or a combination flash suppressor and muzzle
break. Any such combination devices which function as a flash
suppressor would qualify as a flash suppressor for purposes of
section 921(a)(30)(B)(iv).
A firearm silencer or muffler would also function as an effective
flash suppressor; therefore, a semiautomatic rifle, such as an AR-
15, having a silencer or muffler and a pistol grip would qualify as
a semiautomatic assault weapon as that term is defined in section
921(a)(30)(B).
We trust that the foregoing has been responsive to your inquiry.
If you have further questions concerning this matter, please
contact us.
Sincerely yours,
Edward M. Owen, Jr.
Chief, Firearms Technology Branch