See, everytime I think I know what I'm talking about, you come along and piss in my cornflakes. If an SBR is not defined as a shoulder-fired rifled handgun with a barrel less than 16" that is fitted with a buttstock and made from a rifle, then WTH is it? I looked it up.
Short-barreled rifle ( SBR) is a legal designation in the United States, referring to a shoulder-fired, rifled firearm, made from a rifle, with a barrel length of less than 16 in (41 cm) or overall length of less than 26 in (66 cm), or a handgun fitted with a buttstock and a barrel of less than 16 inches length.
My AR-15 is not shoulder-fired, does not have a buttstock, and the guts of it is made from a pistol, not a rifle. So, am I good to go?
OK, now:
A pistol brace, also known as a stabilizing brace, is an accessory that attaches to the rear of the gun and allows the firearm to be fired one-handed.
OK, I got one of those, it came with the AR-15 but was not attached. They didn't give me the straps either, cheap bastards.
A buttstock fits against the shoulder, allowing for better management of the rifle’s recoil. But it is not secured to the shooter in any way.
I don't got one of these, not yet anyway. I thought that means my AR-15 is not an SBR.
A 2014 letter by the ATF determined that
adding a brace to an AR pistol would not move it into SBR territory. A braced AR pistol would still be considered a pistol. I guess the ATF is trying to change that? By some estimates there may be 20-40 million of these AR-15 pistols out there that according to that definition are not NFA items and do not require registration and the $200 stamp.
The AR-15 Pistol Blade Brace incorporates a flexible stabilizing fin which rests against the inside of the forearm when in the firing position. If desired, a standard sling may be wrapped around the Fin and forearm, further stabilizing the pistol to the forearm in both horizontal and vertical planes. Perfect for your AR style pistol.
Oh oh. My pistol brace has that blade. Fuck.
So, options:
1. Wait and see how all this plays out in the courts, cuz it sure as hell is going to be legally challenged. My guess is, a federal judge somewhere is going to put a hold on the whole deal, meaning no amnesty and no confiscation. If the case makes it to the SCOTUS, I can't see them allowing the ATF to change their definitions of what is an NFA item and what isn't. BUT - I dunno. But they can
2. I could buy a 16" upper and replace the shorter upper that came with the gun, right? I don't wanna give the ATF $200 for a stamp, I'd rather spend $300 or so on the 16" upper that makes the gun a rifle and no subject to their new rules. Unless they change the 16" standard to something longer. I'm kinda leaning that way, can anybody talk me out of it?
3. OR, I can just hope all this goes away if/when the courts rule against the ATF's new rules and sell the AR-15 with the original 10.5" barrel. I don't need the aggravation. Or the noise. Take my loss and move on, maybe to something a bit bigger than a .22, but light enough to handle. .25? .32? Even a .380, those things are pretty short and don't have a lot of powder in 'em. I'm talking home defense here, somebody barges into my small house and won't leave. I wanna be able to send a lot of smaller bullets their way cuz I stand a better chance of scoring a hit and nothing changes a bad guy's mind about leaving like getting shot. And I'll still be able to hear my wife yelling at me. Wait.
4. I ain't taking the amnesty deal and I ain't paying them a $200 stamp for a gun that was legal when I bought it. We'll see what happens, but if the ATF comes around, they ain't getting my AR-15. They'll have to find it first and I presume have a warrant, right? I got 3 brothers, and an ex-Army sister, they'll never know where it's at.