Originally Posted by
Dan Lehr
Looks to me as if the answer is 'yes' it would be possible to avoid classifying a rifle with a buffer tube with no brace as an SBR.
The first ass-u-me-ption I make in making this statement is the fact that the worksheet is entitled - FACTORING CRITERIA FOR RIFLED BARREL WEAPONS WITH ACCESSORIES* commonly refered to as "STABILIZING BRACES." This would seem to indicate that if the tube doesn't have a brace on it, the sheet would not be applicable.
However, it is the ATF, so:
Section II - ACCESSORY CONFIGURATION:
ACCESSORY DESIGN: not based on a known shoulder stock design = 0
REAR SURFACE AREA: minimized rear surface lacking features to discourage shouldering = 1 (actually since there would be no 'accessory' attached the score should be 0, however, it is the ATF)
ADJUSTABILITY: non-adjustable, fixed design = 0
STABILIZING SUPPORT: counterbalance design, non-folding = 0
SECTION III - CONFIGURATION OF WEAPON
LENGTH OF PULL: less than 10.5 inches = 0 (carbine or pistol buffer tube)
ATTACHMENT METHOD: adjustable rifle buffer tube = 1 (pistol buffer tube = 0)
BRACE MODIFICATIONS: none = 0
PERIPHERAL ACCESSORIES: (you get to lose it here) handstop = 1 buis = 1
So worst case 3 or 4; actual case = 0 since a bare tube isn't a brace.
I think the key to this all just might be the places where it says 'eye-relief incompatible with one-handed fire' and 'indicating two-handed fire.'
It was a nice run while it lasted. The real victims of this are the few actual handicapped users of said braces.