AR15 upper legality/concerns

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I thought the "it is not legal to shoulder a pistol brace" thing went away years ago and that the current interpretation was that sporatic shouldering of a pistol brace did not constitute a redesign.

    I am not sure that is entirely correct.

    Here is the revised guidance from the ATF
    https://vpc.org/wp-content/uploads/2019/08/Pistol-brace-ATF-letter-March-21-2017.pdf

    I interpret this as saying that just because the firing position is sporadically at or near the shoulder does not mean you are really intending to fire it from the shoulder. It really seems to come down to intent. If you modify the brace in any manner such as removing the strap, then there is intent to fire it from the shoulder.
     

    Growler215

    Ultimate Member
    Dec 30, 2020
    2,168
    SOMD
    Yah, I get that you cant modify a brace in any way. And I've seen some pretty egregious stuff, like "storage plugs" for braces that look so much like stocks one would almost think they are ATF bait traps.

    But I still read this as saying a brace can sometimes be shouldered. I wouldn't do it the whole time at the range, but incidental, sporadic or situational use at or near the shoulder, sure.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I would say that acknowledging you are shouldering a pistol brace implies a design function, which changes a pistol into a rifle. Not a smart thing to do in my opinion. I would simply acknowledge that, while it was at or near my shoulder, I was not actually trying to fire it from the shoulder like a rifle.
     

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