Pistol Brace Amnesty

[HeavyDuty]

I finally found a laptop that allows me to log on (only one of mine will) and the 1/13 Trust popup is still there. I sent a question about that given that the order isn’t effective until published.

[BillSWPA]

OK, so if a plain buffer with no indexing holes is installed onto his CMMG banshee, then it just becomes a normal pistol right?

I keep reading about this "once a rifle, always a rifle"/"once a pistol, always a pistol" stuff and I get confused. Does that have any relation to the situation this guy is in? I admittedly know very little of NFA stuff

The notice states that for the purpose of complying with the new brace rule during the 120 day period, even though removing the brace is, in their opinion, converting a short barrel rifle to a pistol, they will allow this conversion. I cited the page number of that statement in one of my posts up thread.

[Caballoflaco]

OK, so if a plain buffer with no indexing holes is installed onto his CMMG banshee, then it just becomes a normal pistol right?

I keep reading about this "once a rifle, always a rifle"/"once a pistol, always a pistol" stuff and I get confused. Does that have any relation to the situation this guy is in? I admittedly know very little of NFA stuff

Also make sure he doesn’t have a magnified or prismatic optic (any optic that requires eye relief) or rifle style iron sights.


I have wondered if cutting the aperatures in half on a standard rear sight would make it enough like a rounded notch handgun sight to not make your gun a rifle. Since that’s where we’re at now.

[BillSWPA]

OK, so if a plain buffer with no indexing holes is installed onto his CMMG banshee, then it just becomes a normal pistol right?

I keep reading about this "once a rifle, always a rifle"/"once a pistol, always a pistol" stuff and I get confused. Does that have any relation to the situation this guy is in? I admittedly know very little of NFA stuff

Since my last post, I was able to check my notes on the opinion. Page 276, numbered paragraph 4 addresses this issue.

[BillSWPA]

Also make sure he doesn’t have a magnified or prismatic optic (any optic that requires eye relief) or rifle style iron sights.


I have wondered if cutting the aperatures in half on a standard rear sight would make it enough like a rounded notch handgun sight to not make your gun a rifle. Since that’s where we’re at now.

It appears that the critical issue is whether the sights are usable without shouldering the gun. A tiny rifle aperture is unlikely to be useful. A larger aperture, like the ones sometimes used on conventional handgun sights, would appear to be okay since it can be used with the gun held at arms length like a handgun.

A pistol scope with an eye relief that requires holding the gun at arms length would appear to be okay.

I have never used a prismatic optic so I did not realize that they require a limited eye relief. Glad you pointed that out.

An unmagnified red dot with unlimited eye relief seems like the safest, most obviously acceptable, and most useful choice.

Broken record disclaimer: not legal advice, general information only.

[Nocturnalis Discipulo]

A question for the lawyers. Hypothetically if an injunction is granted 40 days into this period, and the ATF wins the suit but it takes 2 years would we then have 80 days to register or would we be felons as soon as the court ruled for the ATF? If people are taking a wait and see approach hoping for judicial relief in stead of immediately registering.

[Paul Blackburn]

From a Commonwealth attorney.

[WobblyPossum]

From a Commonwealth attorney.

Most of the video was the usual things discussed when people debate about whether they’d rather have a braced pistol or an SBR (interstate travel, others in the household having access, NFA items might be illegal under your state statute, etc). I don’t buy reason 5, the 18 USC 924(c) issues. That’s not a concern for normal law abiding people because the feds have better things to do than try to railroad you into a prison sentence. You know who gets 924(c) charges? Drug dealers caught with guns while they’ve got distribution quantities of drugs. Gangbangers who perpetrated drive by shootings or carjackings. Bank robbers. If Joe or Sally Citizen get charged at the state level for their self defense shooting, I don’t think some random FBI agent or task force officer working violent crime is going to go out of their way to convince an AUSA to adopt the case federally unless there are some aggravating circumstances like it turns out that Joe and Sally are dealing drugs. @vcdgrips, am I totally off base here?

ETA: 18 USC 924(c) doesn’t just cover NFA items. It covers all firearms. If you have a firearms in the commission of a crime of violence or drug trafficking offense, it’s a mandatory minimum sentence of 5 years upon conviction. Brandished a firearm? 7 years. Discharged a firearm? 10 years. If the firearm is an SBR or SBS? 10 years. If the firearm is a machine gun, a destructive device, or is equipped with a suppressor? 30 years mandatory minimum. If the feds were out to screw all of the nation’s gun owners, you’d probably have heard of random self defense shootings regularly being prosecuted federally under these statutes, but you haven’t, because they aren’t.

[HeavyDuty]

And *still* not in the Federal Register…

[Oldherkpilot]

If the feds were out to screw all of the nation’s gun owners, you’d probably have heard of random self defense shootings regularly being prosecuted federally under these statutes, but you haven’t, because they aren’t.

Maybe not ALL the nation's gun owners, but it sure feels like 10-40 million of us are in for a screwing. I'm well past expecting decent treatment from anyone above the locals and I consider myself fortunate to have that going for me.