Tag Archives: gun seizure

The Pistol Brace Test is a Stone Cold Nightmare

With a 71-page proposed rule to clarify when attached stabilizing brace accessories convert pistols into illegal short-barreled rifles now open for public comment, we disastrously attempted to apply it.

In a test with a pair of unloaded large-format AR-style pistols, I sat down with my buddy Ben Philippi to honestly wade through the minefield of potential disqualifiers on proposed ATF Form 4999 to determine if a pistol/brace combos selected– which are legal now– would continue to be so should the rule goes into effect as-is.

And it didn’t work out very well.

The proposed rulemaking, “Factoring Criteria for Firearms with Attached Stabilizing Braces” as of June 24, has 102,000 public comments.

The last day to file comments is Sept. 8.

Kafkaesque Pistol Brace Rules Released

There are between an estimated 3 and 7 million (that’s a big swing) stabilizing braces on the market right now, all of which got there after the SB15 brace was released just a decade ago. ATF has been notoriously squishy on the legality of braces, especially at the intersection of its use on a handgun to the point that it turns a pistol into an illegal short-barreled rifle or SBR. Unregistered SBRs can get you a dime in the federal hoosgow.

You sitting in the federal hoosgow, looking to trade a pack of mackerel fillet to make unwanted friends in the shower:

“What are you in for?” says the broker

“I added a plastic stock that is not a stock to my pistol and the ATF found out and, it turns out, they ruled it was a stock,” says you.

“That mack got soybean oil or water?”

“Water…”

Zipppppp

Anyway, to keep clear of just what is illegal or not, the DOJ today released a proposed rule that is so simple it has a 71-page explainer to it. It includes a new ATF form (#4999), a two-sheeter that walks you through if your pistol with a brace on it is legal, or an SBR in three easy-to-figure-out sections.

Heavier than 64 ounces and between 12 and 26 inches? Boom, just failed Section I on ATF 4999, head to Section II.

There, if you earn a maximum of three points, proceed to Section III. Have over four points, and you are out of compliance and have an extremely dangerous SBR. So dangerous it only magically becomes safe for the public to own after you pay a $200 tax and wait 10 months for the paperwork to clear. 

At Section III, you can earn a maximum of three more points to keep your brace/pistol combo legal. Four or more, which can be earned even by installing “peripheral accessories” that would show you “intend to shoulder” your pistol, such as a bipod and/or short eye relief optics, or BUIS sights and it’s an SBR even if you passed Section II.

Sounds “simple”, right?

Check out these three examples in the proposed rule. One is (barely) legal, with 3 points in both Sections II & III; the second is an SBR, with 8 and 5 points in each section, and the third is also hot with a combination of 23 points on the worksheet.

 

The thing is, the photos, to the average user, look almost identical.

It is almost as if the feds want to make it so complicated and sow so much confusion and angst over the legal use of braces that most gun owners won’t even bother in an abundance of caution.

HEYYYY-OH!

Worse, what about the average gun owner who bought one of these, legally, at their local gun store thinking it was neat or cool, then they take it to the range five years from now (the proposed rule has no grandfathering) and a picture from that trip makes it to social media and someone casually tags the ATF in it. 

Oof. 

If you are one of the 4+ million Stabilizing Brace Owners, now is your time

Federal regulators on Friday set off the starting pistol in the race to establish what stabilizing brace makers term the largest firearm registration scheme in American history. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives scheduled its proposed 15-page “Objective Factors for Classifying Stabilizer Braces” to publish Dec. 18 in the Federal Register, the official journal of the federal government, for public inspection. Americans have two weeks to provide feedback on the plan, which could be the last chance to make their voice heard on the issue before ATF moves forward.

Written comments on the ATF proposal must be postmarked by, and electronic comments must be submitted on or before Jan. 1, 2021, by midnight Eastern time. SB Tactical is also encouraging members of the public, who are concerned about the issue, to reach out to their lawmakers in Congress as well as the White House.

More background on the brace issue in my column at Guns.com here and here.

Maritime Discount Goods

In a modern version of Operation Market Time, the storied and long-lasting effort to prevent seaborne infiltration of supplies from North Vietnam into the south, U.S. and allied forces have been stopping guns from getting from rogue states (let us just say, “maybe” Iran) to Yemen, a country that has been enmeshed in a brutal civil war for years. While the USS Jason Dunham (DDG 109) alone picked up 1,000 AKs last year, other countries like Australia and France have picked up their fair share as well.

In 2016, the French Navy destroyer FS Provence stopped a stateless dhow that contained 2,000 AK-47s, 64 Dragunov SVD sniper rifles, nine anti-tank missiles, and other munitions.

Guns seized by the French Navy on March 20, 2016 (Photo Combined Maritime Forces)

Ever wonder what happens to them?

Well, I guess to the victors goes the spoils of when it comes to spare Kalash, and the French government just recently gifted 1,400 of those same AKs to the Central African Republic (formerly the colony of French Equatorial Africa) in an effort to strengthen the country’s military.

France has long had a thumb in the CARs affairs and has maintained a sizable military force there since 2013, its 7th such deployment since the country gained nominal independence in 1960.

Looking to arm a brigade of insurgents on the cheap?

Guns seized by the French Navy on March 20

Hey buddy, got some 7.62×39?

In a 31-day period between 27 Feb and 28 March this year, the Royal Australian Navy Adelaide-class frigate HMAS Darwin (FFG-04), French Navy FREMM-class destroyer FS Provence (D652), and the Cyclone-class patrol craft USS Sirocco (PC-6) impounded the following from three separate stateless dhows:

-5,500 AK-47 assault rifles,
-309 rocket-propelled grenade launchers,
-49 PKM general purpose machine guns,
-39 PKM spare barrels
-64 Dragunov SVD sniper rifles
-21 DShK and KPV type heavy machine guns
-20 60mm mortars

It was determined that the munitions originated in Iran and were likely bound for Houthi insurgents in Yemen, where U.S. allies Saudi Arabia and Kuwait are leading an 11-nation coalition against the Houthi, which are supported by Iran and Hezbollah.

More photos and details in my column at Guns.com