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Posted: 8/24/2020 3:53:52 PM EDT
[#1]
Quote HistoryQuoted: So that's why Aimless keeps a Shockwave on his dashboard. Kharn In the spirit of the OP's post, does Aimless have a brace on his shockwave? |
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Posted: 8/24/2020 5:24:28 PM EDT
[#2]
I've open carried my 10.5" pistol with SB3 brace in front of town police, Sheriffs, and highway patrol. Never got a second glance.
Why you worried about the rule of law anyway? It died. |
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Posted: 8/24/2020 5:27:23 PM EDT
[#3]
Quote HistoryQuoted: EFile Form 1 takes about 20-30 days It’s a no brainer Just got one (my first) in 16 days. 
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Posted: 8/24/2020 5:30:39 PM EDT
[#4]
I think your real worry will be a shorter life span due to self-induced stress than a faulty firearm arrest.
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Posted: 8/24/2020 5:33:01 PM EDT
[#5]
You might want to run it by a lawyer.
A good one, so you better ask around the courthouse. |
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Posted: 8/24/2020 5:46:16 PM EDT
[#6]
Quote HistoryQuoted: I would guess that most law enforcement officers are not really up to speed on the NFA in the first place. That's true. A deputy was telling me they arrested a guy who ran from them and he wrecked his vehicle. He had a sawed off shot gun in the trunk and he was a felon in possession of a firearm. I told him an unregistered sawed off shotgun was federal felony as it violated the NFA. He looked at me like a dog hears a high pitched whine you can't hear. He says they did not charge him with the shotgun or call the BATFE as he had plenty of other charges. |
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Posted: 8/24/2020 5:59:18 PM EDT
[#7]
Quote HistoryQuoted: Sounds like something you should run by a lawyer.  Or write a letter to the ATF asking for clarification. 
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Posted: 8/24/2020 6:26:24 PM EDT
[#8]
For someone who was a judge, you sure post some dumb shit.
You have to know everything you posted is either stupid or wrong which leads me to believe you must be trolling. Or senile, one or the other. Worst case, on the side of the road some random LEO decides to wrongfully take you in for having an SBR and you spend an uncomfortable night in the clink before first appearance where you'll either bond out or the judge will decide there wasn't PC for an arrest and cut you loose. If you do bond out you'll have 8-12 months for the charges to get dropped, which they will be. |
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Posted: 8/24/2020 6:51:34 PM EDT
[#9]
Quote HistoryQuoted: I've open carried my 10.5" pistol with SB3 brace in front of town police, Sheriffs, and highway patrol. Never got a second glance. Why you worried about the rule of law anyway? It died. I wondered about this. If it's on a sling is that considered open carry? |
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Posted: 8/24/2020 6:59:30 PM EDT
[#10]
But, the better question is, what if you have a Law Folder on it and the Length of Pull is a quarter inch too long......
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Posted: 8/24/2020 7:02:38 PM EDT
[#11]
Almost every major AR-15 mfg has braced pistols in their catalog. It's currently a non issue.
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Posted: 8/24/2020 7:06:22 PM EDT
[#12]
Quote HistoryQuoted: I dunno I got a DUI once and they couldnt of gave a fuck less about the SBR in the trunk |
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Posted: 8/24/2020 7:07:35 PM EDT
[#13]
Quoted: Suppose the Ouija Dog tells his handler that there's dope in your car or that your Camry is, in fact, a car - the signals are practically identical - and the officer conducts a cursory search of your vehicle (he only slits one side of each bucket seat and looks under the upholstery from the side instead of slitting both sides and looking down from the top). When he looks down at the pile of crap he has tossed from your trunk into the emergency lane, he sees your braced AR pistol. My legal question is this: How many days do you spend on the P Farm before the Magistrate comes through while riding his circuit and agrees with the deputy that your pistol is in fact an SBR and you should be held without bond until the Court of Assizes sits at the county seat next June? you watch too much TV  |
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Posted: 8/25/2020 7:24:43 AM EDT
[#14]
Quote HistoryQuoted: What century are you posting from? Pursuant to the holding in United States vs 9 Butts, More or Less, of Madeira Wine, 3 Cranch 456 (US 1817) (adopting the rule announced in Crown ex rel. Percy vs Merriwether's Executrix, 11 King's Bench 23 (1737) construing the Statute of Winchester of 1285 (13 Edw. I, St. 2)), your enquiry is deemed impertinent and stricken from the record. |
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Posted: 8/25/2020 7:27:05 AM EDT
[#15]
Quote HistoryQuoted: Well, since it is a pistol OP could avoid this if he has his permit and carries his pistol holstered. Next option is to just take the holster off his belt and leave his pistol in its holster and place it in the center console or glove box.  That's an idea. I could go ahead and spring for the $900 to have my center console extended 13" below the floor pan. |
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Posted: 8/25/2020 7:42:57 AM EDT
[#16]
The OP was meant to be a humorous query asking how likely a person is to get jacked up by a deputy and/or judge who never heard of a pistol brace and thinks he has an untaxed SBR. I consider it a testament to the magnificence of my mysterious and innate powers of diversion and deception that the post was generally understood to be an indication of intoxication, paranoia, abdominal cramps, senility, or psoriasis.
The post is based on my personal knowledge that any reasonable and honest error made by a peace officer will probably be ratified by a judge, most of whom don't know enough law to work the Evidence Desk at the Sheriff's Office. |
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Posted: 8/25/2020 7:43:49 AM EDT
[#17]
OP is Floriduh man
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Posted: 8/25/2020 7:45:27 AM EDT
[#18]
Quoted: Suppose the Ouija Dog tells his handler that there's dope in your car or that your Camry is, in fact, a car - the signals are practically identical - and the officer conducts a cursory search of your vehicle (he only slits one side of each bucket seat and looks under the upholstery from the side instead of slitting both sides and looking down from the top). When he looks down at the pile of crap he has tossed from your trunk into the emergency lane, he sees your braced AR pistol. My legal question is this: How many days do you spend on the P Farm before the Magistrate comes through while riding his circuit and agrees with the deputy that your pistol is in fact an SBR and you should be held without bond until the Court of Assizes sits at the county seat next June? Is this English? I am confused. Slitting what? Cutting the upholstery? Edited: Read it a couple times now. I guess the answer is zero days on the P Farm....whatever that is. |
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Posted: 8/25/2020 7:59:13 AM EDT
[#19]
Quote HistoryQuoted: So you’re going to get pulled over, have a dog alert falsely for drugs and get falsely imprisoned for an AR pistol mistaken for an SBR? Do I have that right? If so, LOL Paranoid much? LOL is right. |
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Posted: 8/25/2020 8:55:03 AM EDT
[#20]
Quote HistoryQuoted: The OP was meant to be a humorous query asking how likely a person is to get jacked up by a deputy and/or judge who never heard of a pistol brace and thinks he has an untaxed SBR. I consider it a testament to the magnificence of my mysterious and innate powers of diversion and deception that the post was generally understood to be an indication of intoxication, paranoia, abdominal cramps, senility, or psoriasis. The post is based on my personal knowledge that any reasonable and honest error made by a peace officer will probably be ratified by a judge, most of whom don't know enough law to work the Evidence Desk at the Sheriff's Office. Actually the OP mentioned waiting for a travelling "magistrate" to correct the wrong. |
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Posted: 8/25/2020 9:04:56 AM EDT
[#21]
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Posted: 8/25/2020 9:06:27 AM EDT
[#22]
Quote HistoryState law has always been my main concern with the “pistol brace” stuff. At least two bad scenarios there beyond “gun muggle”’cops: 1. State law defines SBR the same or similar to federal, but state cop/prosecutor/judge interprets in differently or applies it differently to someone who actually uses it as a stock. Which they are absolutely allowed to do. “Dual sovereignty” says they don’t have to follow federal interpretations. And, in any case, on the federal level there are merely flip-flopping ATF letters - not even a court decision that might be “persuasive.” 2. State law language has actual differences in the definition, which would make it easier to define a “pistol brace” as a stock. |
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Posted: 8/25/2020 9:09:41 AM EDT
[#23]
Quote HistoryQuoted: EFile Form 1 takes about 20-30 days It’s a no brainer I'm on week 3.5 of being delayed. Haven't even officially filed yet  Also, op, if you're that paranoid just don't do it. |
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Posted: 8/25/2020 9:12:27 AM EDT
[#24]
Pistol braces are legal and common.
I don't worry about it. |
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Posted: 8/25/2020 9:20:27 AM EDT
[#25]
Has this hypothetical cop been in cryo sleep for the last 7 years but the ol grey mush isn't quite thawed out? Because that'd be about the only way somebody who knows what an SBR is but doesn't know what a brace is and wouldn't immediately realise that this "stock" was kinda odd and not look into it at all and instead just haul your ass in.....
Did they also not let you have a lawyer? Because even the most smooth brained public defenders could have you out in a matter of minutes in this situation |
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Posted: 8/25/2020 9:28:09 AM EDT
[#26]
Quote HistoryQuoted: EFile Form 1 takes about 20-30 days It’s a no brainer I'll pass on spending an extra $200, waiting for the stamp, and then having to ask permission if I want to cross state lines with it. A brace is the real no-brainer. |
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Posted: 8/25/2020 9:31:35 AM EDT
[#27]
Quote HistoryQuoted: That's true. A deputy was telling me they arrested a guy who ran from them and he wrecked his vehicle. He had a sawed off shot gun in the trunk and he was a felon in possession of a firearm. I told him an unregistered sawed off shotgun was federal felony as it violated the NFA. He looked at me like a dog hears a high pitched whine you can't hear. He says they did not charge him with the shotgun or call the BATFE as he had plenty of other charges. Quote HistoryQuoted: Quoted: I would guess that most law enforcement officers are not really up to speed on the NFA in the first place. That's true. A deputy was telling me they arrested a guy who ran from them and he wrecked his vehicle. He had a sawed off shot gun in the trunk and he was a felon in possession of a firearm. I told him an unregistered sawed off shotgun was federal felony as it violated the NFA. He looked at me like a dog hears a high pitched whine you can't hear. He says they did not charge him with the shotgun or call the BATFE as he had plenty of other charges. Rather common back in the day. |
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Posted: 8/25/2020 9:39:20 AM EDT
[#28]
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Posted: 8/25/2020 9:39:43 AM EDT
[#29]
Why is op's at pistol in the trunk?
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Posted: 8/25/2020 10:05:12 AM EDT
[#30]
Quote HistoryQuoted: State law has always been my main concern with the “pistol brace” stuff. At least two bad scenarios there beyond “gun muggle”’cops: 1. State law defines SBR the same or similar to federal, but state cop/prosecutor/judge interprets in differently or applies it differently to someone who actually uses it as a stock. Which they are absolutely allowed to do. “Dual sovereignty” says they don’t have to follow federal interpretations. And, in any case, on the federal level there are merely flip-flopping ATF letters - not even a court decision that might be “persuasive.” 2. State law language has actual differences in the definition, which would make it easier to define a “pistol brace” as a stock. Quote HistoryQuoted: State law has always been my main concern with the “pistol brace” stuff. At least two bad scenarios there beyond “gun muggle”’cops: 1. State law defines SBR the same or similar to federal, but state cop/prosecutor/judge interprets in differently or applies it differently to someone who actually uses it as a stock. Which they are absolutely allowed to do. “Dual sovereignty” says they don’t have to follow federal interpretations. And, in any case, on the federal level there are merely flip-flopping ATF letters - not even a court decision that might be “persuasive.” 2. State law language has actual differences in the definition, which would make it easier to define a “pistol brace” as a stock. That's the bitch of the whole thing. The state statute itself defines SBR in about the same way as NFA, but doesn't address pistol braces at all. I doubt there's any case law since this kind of thing rarely or never comes up. Most of my street experience has consisted of drivers telling me "I have a gun in the car" followed by me saying "Okay, just leave it put away until we're done" or randos interrupting my lunch to tell me about their no-paperwork 14" barrel SBS or filing down the firing pin of a Nylon 66, followed by "YAYAYAYAY JEFFREY IS TALKING BUT I AM NOT LISTENING!" (Or an asstard of a chief who thought that he didn't need any paperwork for his SBS because he was a chief of police, in addition to being an asstard.) There's certainly no state-level equivalent to BATFE here to whom one might write a letter. I might have asked them for clarification about my chief on my way out the door if there were. I think I can guess how this would end (BATFE guidance being persuasive since there's nothing else available) if it ended up in a state court here, but it would be expensive and painful to get there. |
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Posted: 8/25/2020 12:51:00 PM EDT
[#31]
Quote HistoryQuoted: Why is op's at pistol in the trunk? PISTOL 
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