I have been hearing about Biden and the ATF outlawing AR15 pistols with a brace.
I plan on keeping my AR pistol, so am I now a felon? I do think that bill will be overturned but in the meantime, I don’t like breaking the law, just me.
My question is until this gets straightened out if I just separate the upper and lower would that make it legal? I know I can’t use it for self-defense since it would take to long to put together. I do have other guns to use for now.
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It’d be interesting for one of our legal minds to chime in on how Ex Post Facto fit’s in here.
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Right now the rule(s) are what they are and have the effect of law which goes into effect after the 120 day period. If you want to keep your pistol a pistol, there is an ATF “check list” that will tell you if you are legal. Put your pistol into a legal configuration per the check list and let the drama of the courts settle down to a final answer.
Right now you in legal jeopardy once the 120 day period goes into effect if you have a non destroyed brace and a pistol as you would be in “constructive possession”. You would also be in constructive possession if you have a pistol upper and a rifle, or for that matter a pistol barrel and an armorers wrench to go with your rifle.
If you follow the new rule and take pictures of your assembled pistol and submit a Form1 and the 120 day period expires prior to getting your tax stamp you are now in possession of an SBR and you just told the ATF you have one without a tax stamp. It takes 6 - 9 months to get an approved tax stamp, do the math see the trap. I don’t know if you can take a picture of a stripped lower and submit it for a “free” tax stamp or not.
Lots of questions, few answers.
Cheers, Craig6
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Yep. You’ll be a felon (just like marijuana users), and felons are forbidden from possessing firearms. After all, Prohibition ushered in the NFA which defined a host of illegal firearms (short barreled rifles among them) that Congress knew were the weapons of choice of organized crime. The ban on AR pistols is just outlawing a short barreled rifle, which has always been illegal. If you possess one, you must be a member of organized crime, right?
So the police will be justified in kicking in your door and searching your house for more illegal firearms.
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Why does anyone need to know you have it? Hush hush
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And how exactly did you pay for you 10" upper, brace, lower, parts kit etc? If your answer was credit card or debit card, they already know.
Cheers,
Craig6
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It would really suck to use it to save your family’s life in a home invasion only to go to prison because you committed a federal felony in order to have a few inches less barrel without getting a stamp, though.
Or get no assistance from the insurance policy on which members of the USCCA are additional insureds due to possession of a weapon in violation of federal law being an exclusion.
It’s a dumb law that shouldn’t be a law IMO, and it might get stopped before the 120 days and might get overturned later, but, know what you are doing, and, just my opinion, the risk/reward of a federal felony just isn’t worth it, and it’s not even close. It’s not like a stamped SBR is so hard (for the states that allow them…) and it’s not like a 13.7-14.5" pinned and welded AR is a poor alternative or anything.
At the minimum, everybody deserves to fully understand the laws in order to make an informed personal decision
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Since I got the lower and a lower kit separately I guess I’ll separate them and store at different locations.
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I agree with you from a sane perspective. I am like the Joker, but prettier.