No. Look up "constructive possession".
Well the guy in the vid said the clarification was that if the parts were not bought together on the same invoice, AND/OR if they were not stored together without other parts so a complete weapon was not imminent.
As previously mentioned, people use these things for airsoft guns...also, you could just as well put a pistol brace on a non-NFA 16" rifle...so the piece of plastic itself can't possibly be a gun. That is what I took away from the various commentators that were on the call today.
I don't have a one of these guns that are affected, but am still following the news and hoping the people this affects will be treated fairly.
What needs to happen is the courts do a major smack down on ATF so this piece of inanity goes away. Heller, Bruen, WVa v. EPA, Major Questions doctrine, Rule of Lenity - these all are relevant to putting the kibosh on the ATF’s latest political maneuver.
ETA: forgot about the Cargill decision. That’s a big one and very relevant!
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The brace itself is not prohibited. That is not in question. "Constructive possession" is a judgement call based on how close together the respective parts are or are not. I wouldn't take the chance myself (and, for the record, I am not affected by the ruling either. But there is a lot of misinformation out there on this issue).
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Another thing I find really interesting is some guns that are perfectly legal rifles...like the Kel-Tec RDB...are shorter than some AR "pistols" with a brace all the way forward. Yet the pistol will somehow miraculously become a SBR and the Kel-Tec isn't.
It's just insanity.
It's just insanity.
The Kel-Tec was designed as a rifle. The new ATF rule doesn't apply to it.
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Well so was an AR-15. That's not the point. The point is, some of these "illegal" pistols have an overall length greater than some legal rifles. In what world does that make sense?
I think most bullpups with 16" barrel are legal too as long as they have the right overall length?
Overall length is not the question. The AR-15 was designed as a rifle. AR-15 "pistols" were designed as pistols. According to the ATF, the addition of a brace that allows the "pistol" to be fired from the shoulder makes it an SBR. The Kel-Tec you mentioned earlier was designed as a rifle, albeit in a bull pup configuration, so it is quite short in overall length, but it was designed, and is in fact, a rifle.
Correct.
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