Latest / Live to Shoot - Defending our 2nd Amendment Rights / Is your pistol brace legal?

Transcript

Is your pistol brace legal? · Live to Shoot - Defending our 2nd Amendment Rights

• 0:17
  well, welcome to the leadership podcast.
• 0:19
  My name is Jeff And I'm a licensed firearm dealer for the last 13 years.
• 0:22
  I'm passionate about our second amendment rights.
• 0:25
  And on this podcast, we talk about all things related to the second amendment, as well as I might throw on a sports story, a movie topic or something going on in the current environment, like the election.
• 0:34
  So today is episode 50 of my podcasts.
• 0:37
  We're going on almost a year.
• 0:39
  December 20th and we are now officially one month away from the inauguration.
• 0:45
  We are still in the midst of a very, ah, controversial, election.
• 0:50
  And we are still waiting to determine what the final outcome will be.
• 0:55
  So I believe that Biden has already the president elect.
• 0:58
  I don't.
• 0:59
  In fact, yesterday my wife and I went out to the stop, the steel rally.
• 1:04
  In downtown Dallas, the speakers, there was a Lieutenant Colonel Allen West.
• 1:09
  Who's the head of the GOP in Texas.
• 1:12
  Chad Prather.
• 1:13
  Capitol Chad.
• 1:14
  the sheriff of Tarrant County and pastor Greg Locke from Tennessee.
• 1:20
  And they all spoke.
• 1:22
  And then we, we marched, around, downtown Dallas.
• 1:25
  And it was, it's an amazing event.
• 1:28
  We, my wife and I went to one of about a month ago.
• 1:31
  And that one was a little larger than this one.
• 1:33
  It was, this was probably, there was about 2000 people there.
• 1:36
  I would guess today.
• 1:37
  And, you know, the, the amazing thing to me, whenever I look at, go there to these is the diversity.
• 1:45
  You know, The Republicans we have.
• 1:49
  A stereotype that the media has, imposed upon us is that just were, white males.
• 1:55
  And there were a Chinese Americans.
• 1:59
  I'm passing around petitions to eliminate the communist Chinese party.
• 2:03
  There was a faction of, of Vietnamese Americans that came up from Houston.
• 2:07
  there was biohacks, Hispanics.
• 2:10
  Every, every type of race.
• 2:12
  that you, you could, possibly imagine with represented there.
• 2:15
  And they were, we were all there for one common purpose.
• 2:18
  And that is to stop the steel.
• 2:20
  So.
• 2:21
  express our support for our president.
• 2:24
  And.
• 2:24
  Hopefully.
• 2:26
  Add a little momentum to some of these legislatures and give them a spine to stand up and do the right thing.
• 2:34
  So I'll, I'm on a rumble accountant and I think that will be in the sh but then the showing I will, Posts.
• 2:40
  I'm a post, some videos today of just, That rally.
• 2:43
  And so you can get a sense of the crowd and the, the excitement that was, going on there.
• 2:49
  So today, I wanted to talk about the, Recent, Document that came out.
• 2:55
  doc.
• 2:56
  The objective factors for classifying weapons with stabilizing braces from the department of justice.
• 3:01
  Docket number 2020, our dash 10.
• 3:05
  And this is.
• 3:08
  As publishing an objective.
• 3:10
  I'm going to be calling a lot from this document, just so I make sure I get a lot of rights.
• 3:13
  So just bear with me.
• 3:14
  the Bureau of alcohol tobacco firearms is publishing the jet objective factors in considering when evaluating firearms with an attached Stateline grace, to determine whether they are considered firearms under the NFA national firearms act the NFA and or.
• 3:28
  The gun control act, the GCA ATF publishes and others.
• 3:32
  Inform and invite comment from the industry.
• 3:34
  And public on the proposed guidance.
• 3:37
  So they are now.
• 3:39
  publishing what they consider the objective.
• 3:42
  Factors that will determine whether or not your AR pistol.
• 3:46
  With a stabilizing brace is actually a short barrel rifle.
• 3:50
  And there's a, a two-week comment period.
• 3:53
  To make comments about this, and I'm going to encourage everybody to make comments.
• 3:56
  It expired on January 4th.
• 3:58
  I will put the link on how to make the comments in the show notes as well, but the interesting thing, and I've said this in my.
• 4:05
  previous, podcasts that the ATF lives in the gray zone.
• 4:09
  And it's ironic that this is considered the objective factors for classifying weapons with stabilizing braces.
• 4:16
  And as you go through here, You will.
• 4:19
  will, you will notice that there is very little, that is objective about any of this.
• 4:24
  This is this vague, and, and fuzzy as, as, as anything else the ATF has done.
• 4:30
  So the, if you get done with this and you, and you can definitively say whether or not your, Firearm.
• 4:36
  Is should be classified under the NFA.
• 4:39
  Well more power to you because I don't know if I could.
• 4:42
  So in this, it does.
• 4:44
  You know, knowledge.
• 4:45
  That, you know, the first original.
• 4:48
  A stabilizing Bryce's were developed, for, Injured veterans.
• 4:52
  So that they could still enjoy those that may have lost an arm or something like that, and still enjoy the, the.
• 5:01
  benefits of being able to.
• 5:03
  To shoot and they say, you know, here, consequently, the ATF agrees that there are legitimate uses for, and here's one of the words, certain stabilizing braces.
• 5:14
  so.
• 5:16
  They also notice here, note.
• 5:18
  That ATF has observed that the development and production of farms with arm braces prevalent.
• 5:23
  In the firearms industry and relatedly that requests for classifications for those type of kind of firearm I have also increased.
• 5:30
  Therefore ATF is publishing this notice too.
• 5:32
  A firearm industry and public and understanding of the objective design features that the FAA TD.
• 5:38
  Considers when evaluating farmed samples.
• 5:41
  submitted with a stabilizing brace or similar attachment.
• 5:44
  They go on to say that the objective design teachers, ATF considers and determining whether a weapon with an attached Stateline brace has been designed or redesigned made a remade and intended to be fired from the shoulder included, but are not limited to.
• 5:59
  So here again, I'm going to go through, some factors.
• 6:03
  That they, are features that they consider, When evaluating whether or not the stabilizing brace.
• 6:09
  makes the item a short barrel rifle or not, but they're not limited to this.
• 6:12
  These are just some of them.
• 6:13
  We've got others that maybe that we're not going to tell you about, but, just keep guessing type and caliber.
• 6:19
  The type and caliber of the farm to which the stabilizing brace or similar item is installed a large caliber farm that is impractical to fire with one hand because of recall or other factors, even with an arm brace is likely to be considerate rifle or shotgun.
• 6:33
  Weight and length.
• 6:34
  The weight and length of the farm use with the stabilizing brace I farm is, is so it.
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  A farm that is so heavy that it's impractical to fire aim with one hand or so long that it's difficult to balance the farm.
• 6:47
  The fire with one hand is likely to be considered a rifle or shotgun.
• 6:51
  Link the pool.
• 6:52
  So the length from the trigger.
• 6:55
  so they, they will hear defined length of pull, refers to the distance from the trigger to the point at which a stock meets the shoulder.
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  This is a measurement for rifle and shotgun.
• 7:03
  You still come like shooters at different sizes.
• 7:05
  Because on our embrace needed only reached the forum.
• 7:08
  The distance between the trigger and in the back of the brace is generally expected to be shorter than the distance between the trigger and the back of the stock on a weapon designed and attend to be fired.
• 7:17
  From the shoulder.
• 7:18
  This measurement is not necessarily determinative of the intent of the manufacturer, but as you used to make an evaluation of the farm, if they braces have a link that makes it impractical to attach to the shooters wrist or farm.
• 7:30
  Then that may demonstrate that it's not designed as a brace.
• 7:34
  But rather for.
• 7:36
  Shoulder fire.
• 7:38
  Attachment method, the method of attachment of the stabilizing brace to include modified, to include modified stock.
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  Attachments, extended receiver extensions and the use of spacers.
• 7:49
  These items extend the distance between the trigger and the part of the weapon, that context, the shoot, or whether it is a stock or stabilizing brief use of these items.
• 7:58
  The weapon is designed to intend to be fired from the shoulder because they extend the state by the embrace beyond the point that it's useful for something other than a shoulder support.
• 8:06
  So, These last two length of pull and attachment method.
• 8:11
  They go in to show that.
• 8:14
  It it, what, what may be my appropriate LinkedIn pool and the need I need for stabilizing brace to attach to my forearm versus what my wife may need are two different links.
• 8:25
  And so one that is built for me, or maybe even somebody much bigger than me.
• 8:29
  So somebody let's say that six, three or six, four.
• 8:32
  That needs a much longer stabilizing brace because of the length of their arm.
• 8:37
  then if that is in possession of his wife, Now it may be.
• 8:42
  A stabilizing brace for him.
• 8:44
  A pistol for him, but a short barrel rifle for her.
• 8:48
  stabilizing brace design features is another feature.
• 8:50
  The objective design features.
• 8:52
  Of the test study.
• 8:53
  We ourselves are relevant to the classification.
• 8:56
  Of the assembled weapon and include the comparative function in the attachment.
• 8:59
  When you liked as a stabilizing brace too, it's alternate use it as a sheltering device.
• 9:04
  The design of the stadium embrace compared to known shoulder stock designs.
• 9:08
  the amount of a rear contact surface.
• 9:11
  of the stabilizing brace, the material used any shared or channel parts with known shoulder stocks, any other feature of the brace, any other feature of the brain?
• 9:21
  I love that.
• 9:22
  That improves the weapons effectiveness from the shoulder firing position without providing a corresponding benefit to the effectiveness.
• 9:30
  Or the ability and support provided by the braces he used on the arm.
• 9:34
  Hmm.
• 9:35
  I'm not sure what that means.
• 9:36
  Aim point.
• 9:37
  Appropriate aim point when it's utilizing the attachment of the state ruling brace.
• 9:41
  If the aim point when utilizing the arm brace attachment results in an upward or downward trajectory, that could be not accurately.
• 9:47
  It a target.
• 9:49
  This may indicate the attachment was not designed as a stabilizing brace, secondary grip.
• 9:54
  This is the presence of a secondary grip may indicate that the weapon is not at pistol because it is not designed to be held.
• 10:00
  Or fired by one hand.
• 10:02
  So even if you have a little grip aid, On the, on the front of the gun.
• 10:08
  It could now make it an, an SBR sights and scopes.
• 10:12
  So now if you've been in.
• 10:14
  incorporation of sights and scopes that possess.
• 10:17
  I relief and compatible with one firing may indicate that the weapon is not a pistol because they are designed to be used.
• 10:23
  From my shoulder fire position, meaning that the, eye relief is shorter.
• 10:28
  It's closer to your eye.
• 10:30
  Versus.
• 10:31
  being shot at, arm's length.
• 10:33
  And now peripheral accessories, installation of peripheral assess least commonly found on rifles or shotguns that may, may indicate that the firearm is not designed and intended to be held.
• 10:45
  And fired with one hand that this includes, but is not limited to.
• 10:51
  the installation of bipods monopods then prove the accuracy of the heavy weapons signed and attend to be fired from the shoulder or the inclusion of a magazine or a drum that accepts so many cartridges.
• 11:02
  That it increases the overall weight of the firearm to a degree that isn't practical to fire the weapon with one hand, even with the assistance of a stabilizing brace.
• 11:11
  Those factors are, are based these times.
• 11:15
  There's called.
• 11:16
  These factors are based on known stabilizing prices and similar attachments.
• 11:20
  No single factor.
• 11:22
  Or combination of factors is necessarily.
• 11:25
  This positive and, and F a T D examines each weapon holistically on a case by case.
• 11:33
  Basis because of changes in design or configuration of a weapon.
• 11:37
  Or.
• 11:39
  Attachment as well as future changes in the technology.
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  This list is not exhaustive.
• 11:45
  So.
• 11:47
  Here's some quote, unquote objective.
• 11:50
  features that if they're not limited to these, it's not exhaustive, they may, make it a.
• 11:57
  short barrel rifle.
• 11:58
  They could.
• 12:00
  You know, it's all the vagaries in here.
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  So.
• 12:03
  Now the ATF has given you some options.
• 12:07
  To, to, To pursue.
• 12:08
  So.
• 12:10
  The ATF plant.
• 12:12
  So consequently following issuance of this nose, ATF and DOJ plan to implement a separate process that which current possessors of effective stabilizer equipment farms may choose to register such firearms, be compliant with NFA as part of that process of this process, 80th plans to expedite processing of these applications.
• 12:30
  And ATF has been, has it been informed that the attorney general plants retroactively to accent such farms from the collection of the NFA tax, if they were made.
• 12:39
  Or acquired prior to the publication and notice in good faith.
• 12:44
  This separate process may include the following other options.
• 12:48
  So you can register the firearm to be in compliant with the NFA.
• 12:52
  You can permanently remove the stabilizing brace.
• 12:55
  from the firearm.
• 12:56
  Disposing of it, replacing the barrel of the firearm.
• 13:00
  Surrendering it to the ATF or destroying the firearm.
• 13:04
  So your options, if after, now that you, I have read to you all the, Very clear.
• 13:10
  And objective design features that, if you now know that if you're, AR 15 platform pistol with a state buys in price now should be classified and SVR.
• 13:19
  You can register for free.
• 13:21
  You can.
• 13:23
  remove the brace.
• 13:24
  You can turn the device in, you can, Destroy it.
• 13:30
  And if you choose not to do any of those things and.
• 13:34
  your interpretation is wrong.
• 13:36
  And the ATF.
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  Discovers that you have it.
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  You're now facing 10 years in jail and$10,000 fines.
• 13:45
  So.
• 13:47
  To me.
• 13:50
  The motivation as we've talked about is.
• 13:54
  again, As we look as a, as a prospective Biden administration coming in that has already said, Hey, we're going to confiscate your guns.
• 14:04
  And where are they going to start confiscating?
• 14:06
  They're gonna start confiscating the ones that they know about.
• 14:09
  So, and then the ATS language here, I thought this was.
• 14:14
  They ATX observed the development and production of farms with arm braces has become more prevalent.
• 14:19
  Hmm.
• 14:20
  They've noticed that there's a lot of these out there.
• 14:22
  Why don't we figure out a way to get them registered.
• 14:25
  And then when it comes time, we know exactly where to go to get them.
• 14:29
  Am I conspiracy there's I don't think so.
• 14:32
  So here's a ploy to, to potentially get you to register firearms that you never intended to register in the first place.
• 14:39
  destroy a firearm that doesn't really need to be destroyed.
• 14:44
  or risk going to going to jail.
• 14:47
  So.
• 14:48
  again, this is a.
• 14:50
  I'm more of the ATF.
• 14:54
  And the department of justice.
• 14:55
  looking ahead and thinking that they're going to have a little bit more relaxed.
• 14:59
  administration.
• 15:01
  And they're going to be given more powers to come after our firearms and restrict our second amendment rights through administrative processes, not constitutional processes.
• 15:11
  So, I'm going to post in the show length.
• 15:14
  how to comment on this?
• 15:15
  We have until January 4th to comment.
• 15:18
  And so I am going to encourage you to encourage you to share this with anybody that, you know, this is not going to be, put out on the main stream media.
• 15:26
  This is, you know, there's, I think there's a reason why the ATF releases on the week of Christmas and giving, taking the week of Christmas and new year's is the only time that you can comment on this is because they're hoping to fly under the radar.
• 15:41
  And get it.
• 15:42
  Run through before anybody even really knows that it's out there.
• 15:45
  So I please encourage you to share that.
• 15:48
  The comment period.
• 15:51
  A common, information to anybody that, you know, Now I am.
• 15:56
  It, you know, Becoming more and more imperative.
• 15:58
  As we look at what might be coming down with the Biden administration.
• 16:02
  So, that's this episode.
• 16:04
  I do have a favor, please, please.
• 16:06
  If you would please just, you know, subscribe to this podcast.
• 16:09
  share it with other people.
• 16:11
  my listeners aren't growing.
• 16:13
  but you know, we're getting to a point to where our, free speech is being restricted.
• 16:18
  And a lot of this information that you usually would come out and then, a lot of the news.
• 16:23
  New shows and things like that, or is not.
• 16:25
  So a lot of the podcasts are our only way of getting information out to people.
• 16:28
  So share this with other people.
• 16:31
  go on and give it a five-star rating.
• 16:34
  I just ask you to do that for me.
• 16:35
  And I will publish all this information to my show notes.
• 16:39
  And thank you for listening.
• 16:41
  Have a Merry Christmas.
• 16:42
  the next show will be after Christmas.
• 16:44
  So definitely have a Merry Christmas and be safe if you're traveling out there.
• 16:48
  and have a very good day.
• 16:49
  Thank you.