Tag Archives: Second Amendment

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. 

Meet No. 24

Not to toot my own horn or anything, but back in 2015, I was one of the first people in gun media– or any media for that matter– to cover the story of Alabama Congressman Mike Rogers’s effort to include an amendment to the NDAA while the Pentagon spending policy bill was in the House Armed Service Committee. Rogers, who represented the district of Northern Alabama that included the Annison Army Depot and CMP’s headquarters operations, found out that the Army had 100,000 surplus World War II-era M1911s in long-term storage at a cost of $200,000 per year, or about $2 per gun.

The amendment: save Uncle Sam the cash by transferring the guns to the CMP for sale to qualified members of the public, with the funds generated used to support worthwhile marksmanship projects ranging from JROTC to 4H and the National Matches.

I continued to cover the story, which grew legs and captured the imagination of– no joke– millions according to the analytics. Over the course of the next half-decade, I would file at least a dozen updates for a couple different publications. In 2017, after an initial batch had been greenlighted for transfer by the Obama administration (!) on a visit to the “Army’s attic” the Army Museum Support Center at Anniston Army Depot, I was shown crates packed and filled with M1911s pulled from the military’s museum stocks that were in excess of the service’s needs, pending shipment to the CMP once the handgun program got underway.

The thing is, 19,000 people got excited enough about the first round of M1911 sales from CMP and submitted packets for the first 8,000 guns transferred. With that, I felt I had little to no chance of getting one for myself, so I did not wade into the deep waters of trying to get one of these old warhorses through the program.

C’est la vie, right?

However, as CMP announced their Round 2 of the M1911 program earlier this year, I cautiously allowed myself to get optimistic that, perhaps, my chance had come as the really rabid collectors had already shot their bolt– CMP only allows an applicant to get one of these pistols– in the initial go-round.

So I spent a day getting my packet together, sent it in during the open window (January 4 to March 4, 2021), and sat back to wait. On 6 April, I got an email saying I had a randomly generated number (20581) and found out that the current batch of orders was going to start at 20,000.

Nice.

Then, on 20 April, I got the call. All three grades (Service, Field, Rack) were available, so I selected Service– the best– and asked politely for a Colt.

The very next day (after a mandatory two NICS checks!) I walked away from my FFL with this:

The M1911A1 has a Colt GI Military frame, SN 904594, of 1943 production with GHD inspector’s stamp (left) complete with a dummy mark (!) and ordnance wheel/US Property/M1911A1 US Army stamps on the right.

Rather than the original slide, it has a “hard” GI replacement slide with FSN (Federal Stock Number) #7790314 M (magnaflux inspection) TZ (IMI Israeli, who supplied such slides under contract to the U.S.) with a minty chrome-lined barrel marked with FSN #7791193 91. The plastic grips have “24” rack number.

Although I could find no arsenal rebuild stamps, I am theorizing that the gun was reworked at Anniston late in its life, probably in the 1980s, then put back in storage.

I’m totally happy. It was worth the wait.

The 7791193 series barrels have a good reputation for accuracy. I’ll let you know…

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.

That’s a lot of Guns

One of the best indicators of firearms sales, the FBI’s National Instant Criminal Background Check System logged 3,602,296 checks in November, an increase of 41 percent over the figure of 2,545,863 for November 2019. In fact, it was the biggest November in the NICS program’s 21-year history.

However, when checks and rechecks for carry permits and the like are subtracted from that figure by the National Shooting Sports Foundation, leaving a more concrete number for over-the-counter checks on gun transfers conducted through federal firearms licensees, it yields 1,949,141 checks, which is an increase of 45.2 percent compared to the November 2019 NSSF-adjusted NICS figure of 1,342,155. 

When added to the rest of the year, the 2020 running total stands at some 19.1 million adjusted checks, dwarfing the 2016 annual record of 15.7 million checks, and the year still has another month to go before the books are closed. Of those checks, NSSF estimates that a whopping 7.7 million came from new first-time gun buyers. 

Oof.

Keeping Maggie in shape

A simple step that is often missed in the act of care and maintaining semi-automatic firearms, such as the AR-15, is to spend a minute keeping the magazines up to snuff. With that in mind, I put together a quick and dirty guide to cleaning both the most common polymer (Magpul PMAG) and aluminum (STANAG) mags along with some tips and tricks.

More in my column at Guns.com.

The Far-Reaching UN Forces in Korea and the Things they Carried

With this month being the 70th anniversary of the rush by the Free World to help keep the fledgling Republic of Korea from forced incorporation by its Communist neighbor to the North, it should be pointed out that the UN forces that mustered to liberate Seoul and keep it so carried an interesting array of arms. Gathered ultimately from 21 countries you had a lot of WWII-era repeats such as No. 3 and No. 4 Enfields carried by Commonwealth troops as well as M1 Garands/Carbines toted by American and a host of Uncle Sam-supplied countries.

But there were most assuredly some oddball infantry weapons that were used as well.

One historical curiosity was the initial contingent supplied by the Royal Thai Army, who left for Korea in October 1950 wearing French Adrian-style “sun” helmets and armed with 8x52mm Type 66 Siamese Mausers that were actually versions of the bolt-action Japanese Type 38 Arisaka built before WWII at Japan’s Koishikawa arsenal.

Note their French-style helmets, U.S.-marked M36 packs, and Japanese Showa-period rifles. Ultimately, more than 10,000 Thai troops would serve in the Korean War alongside U.S. forces, fighting notably at the Battle of Pork Chop Hill. (Photo: UN News Archives)

More in my column at Guns.com. 

Colt: Back on the Consumer AR Market

While Remington has quietly ditched traditional black rifle brands Bushmaster and DPMS in the past several months– perhaps in a bid to get bought by the Navajo Nation — Colt exited the AR market late last year, much to the applause of anti-gun groups and politicians.

However, I spoke to Colt at the time and they made clear the departure was only temporary, due to having landed a multi-million FMS contract for overseas allies.

With that being said, Colt says they are now back to the business of shipping ARs for the consumer market again. Everything old is new again, it would appear.

Colt first began marketing the semi-auto AR-15 Sporter to consumers in 1963 and continued to sell the SP-1 (R6000) series with few changes until 1984, since moving on to other AR-style rifles.

More in my column at Guns.com.

SBRs To Get X’d Out of NFA?

What’s not to like about an SBR? (Photo: Battle Arms Development )

Legislation announced Tuesday would remove short-barreled rifles from regulation under the National Firearm Act and treat them like regular firearms.

Under current law, as regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, SBRs are classified as a rifle with an overall length of fewer than 26-inches and/or a barrel of fewer than 16-inches in length. Marshall’s bill would remove such limits from NFA enforcement, regulating SBRs in the future under the same rules as other rifles.

According to statistics from the ATF, some 413,167 SBRs were listed on the National Firearms Registration and Transfer Record (NFRTR) as of May 2019. Such figures have steadily risen through the years as these firearms become more popular and gun owners elect, for example, to legally convert AR and AK-style pistols to SBRs after processing a Form 1 and paying a $200 tax stamp. In 2014– just a half-decade ago– there were only 137,201 SBRs on the books.

More in my column at Guns.com.

Whistling up 90K M1 Garands

CAMP AGUINALDO, Philippines - Joint Armed Forces of Philippines and U.S. team conducting M1 Inventory, 2017

CAMP AGUINALDO, Philippines – Joint Armed Forces of Philippines and U.S. team conducting M1 Inventory, 2017

The backstory on how six divisions worth of M1 Garands got repatriated from the Phillipines, where they have seen hard service since the 1950s in some cases, back to the U.S. to be sold through CMP in Anniston. Contrary to what a lot of people think, CMP actually had to spend a small fortune to get these vintage weapons back CONUS.

“It goes almost without saying that accurately accounting for and transporting approximately 90,000 small arms from the other side of the globe is challenging under any circumstances. Throw in termite infestation, monsoon season, and asbestos contamination, and you will have a recipe for disaster.”

More here.

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