10-09-2020, 09:31 PM
Many people have been expecting something like this to happen. The various ATF letters concerning arm braces are poorly written and vague. The issue facing Q is not really surprising if you look closely at the ATF letter to SB Tactical in March 2017. Here is a link: https://www.sb-tactical.com/resources/ba...inion-use/
It made a few important points that have been generally ignored. The determination is for a brace "...designed, intended and marketed for use only to shoot from the arm..." Many current braces have been marketed, or at least widely demonstrated, as shoulder stocks. A number of the newer, more stock-like braces also are not optimized for use as forearm braces. The foam on the unit evaluated was soft and floppy to easily conform to the shape of the shooters forearm. I have seen numerous complaints from owners about its use as a shoulder stock. As it turns out, that is the point.
The ATF noted that the particular pistol/brace that they evaluated was not comfortable to shoot from the shoulder. That appears to be something they consider pertinent to demonstrating "intent". The key sentence is: "With respect to stabilizing braces, ATF has concluded that attaching the brace to a handgun as a forearm brace does not "make" a short-barreled rifle because in the configuration as submitted to and approved by the FATD, it is not intended to be and cannot comfortably be fired from the shoulder."
A while back I joked that attorneys would probably start telling braced-pistol owners to yell "OUCH" each time they shoot them from the shoulder.
It made a few important points that have been generally ignored. The determination is for a brace "...designed, intended and marketed for use only to shoot from the arm..." Many current braces have been marketed, or at least widely demonstrated, as shoulder stocks. A number of the newer, more stock-like braces also are not optimized for use as forearm braces. The foam on the unit evaluated was soft and floppy to easily conform to the shape of the shooters forearm. I have seen numerous complaints from owners about its use as a shoulder stock. As it turns out, that is the point.
The ATF noted that the particular pistol/brace that they evaluated was not comfortable to shoot from the shoulder. That appears to be something they consider pertinent to demonstrating "intent". The key sentence is: "With respect to stabilizing braces, ATF has concluded that attaching the brace to a handgun as a forearm brace does not "make" a short-barreled rifle because in the configuration as submitted to and approved by the FATD, it is not intended to be and cannot comfortably be fired from the shoulder."
A while back I joked that attorneys would probably start telling braced-pistol owners to yell "OUCH" each time they shoot them from the shoulder.