Friday, January 20, 2023

No, The Arm Brace Rule Doesn't Affect What You're Doing . . .

'Cause what you're doing is 100% purely illegal RIGHT NOW.

Got a call today asking about the new arm brace regulation:

"Does the new arm brace rule affect me since I've got a folding stock on my AR-15 pistol?"

Say what? 

Yes, I had heard it right, the fellow has a real stock, not even an arm brace, on an AR pistol not papered as an SBR.

Short answer to his question: No, what he's done is already quite illegal as he has manufactured and is possessing an illegal SBR, and that is a lovely 10-year felony, and the new reg doesn't change that.

What he's done has been illegal since 1934, and the new reg doesn't even make what he did more illegal-er. 

The fellow had no idea that what he had done was felony-grade-stupid.

In short, get that stock off it immediately and keep it off, get a Form 1 and pay the tax for it pronto, and get the tax stamp back before you even think about putting a stock anywhere near an AR with a barrel less than 16 inches in length.  

Your dogs will thank you.

3 comments:

Old NFO said...

Wow!!!

pigpen51 said...

I think that the mere possession of both the AR pistol and the stock are considered constructive possession of a SBR and having both is a felony without putting them together.
I am not a 2nd amendment scholar, and certainly not a lawyer, but I believe that is how the BATFE's have considered possession of 2 items that could together make a NFA item.

Aaron said...

Old NFO: Yep, that's pretty much what I said.

pigpen51: Very true, thankfully the idiot has other ARs of rifle length so could at least arguably say the stock is a replacement/upgrade for one of those while he awaits the tax stamp for the disassembled pistol, assuming he does that and tries to comply with the law.