ATF pistol brace amnesty vs. MD law

[FrankAR15]

Was checking out frequently asked questions on ATF site and they will not even register on form-1 your braced pistol if it doesn’t conform with MD law. So anyone with a Maxim Defense / Springfield Armory PDW (with OAL of 23.5”), your only option will be to trash / destroy the brace.

https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

 

[Kharn]

You could buy a 6" muzzle brake and silver solder it on, or replace the brace with a much longer option. Neither is great, but possible.

 

[Dippah]

ATF has formally reclassified braces as stocks.

Justice Department Announces New Rule to Address Stabilizing Braces, Accessories Used to Convert Pistols into Short-Barreled Rifles

Today, the Department of Justice announced it has submitted to the Federal Register the “Stabilizing Braces” Final Rule, which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly...

www.justice.gov

Owners have 120 days to file for a tax stamp as part of an amnesty period. Those of us in MD with braced pistols under 29" are probably going to get screwed.

Thoughts?

So… would this apply to chassis such as micro roni and such?

 

[Ifmanis5]

Hey all … just to add to the fray, I’ve done some outreach to a few friendly state senators and MSP. Here’s the response back from MSP on whether or not pistol-braced AR pistols under the 29” OAL will fall into forbidden copy-cat assault weapon territory:

“No, Maryland will not be banning these firearms, they remain a handgun by Maryland statute, however, because the ATF has deemed them to be NFA weapons, they must obtain the federal tax stamp before they can be purchased, transferred or in this case, registered.”

Take this with a grain of salt since MSP has not officially given this advice to the general public (at least to my knowledge). So the interpretation here is leave the brace on and get your free SBR if you’re under 29”.

 

[Bob A]

Hey all … just to add to the fray, I’ve done some outreach to a few friendly state senators and MSP. Here’s the response back from MSP on whether or not pistol-braced AR pistols under the 29” OAL will fall into forbidden copy-cat assault weapon territory:

“No, Maryland will not be banning these firearms, they remain a handgun by Maryland statute, however, because the ATF has deemed them to be NFA weapons, they must obtain the federal tax stamp before they can be purchased, transferred or in this case, registered.”

Take this with a grain of salt since MSP has not officially given this advice to the general public (at least to my knowledge). So the interpretation here is leave the brace on and get your free SBR if you’re under 29”.

You can always rely on the word of a government entity. It's written in stone.

 

[Ifmanis5]

You can always rely on the word of a government entity. It's written in stone.

LOL!

 

[bmorestance]

I still have not found a precise answer to this...
For owners of a buffer tube foam pad, will the foam need to be removed?
Now I know some Do Not cover the rear face of the buffer tube and some Do cover it completely.
My thought is the Non-Rear Covered Foam Pad would be ok to use?
If the rear is padded, I guess they could say its used to shoulder... thats my thought only.
I could be wrong.
What are your thoughts?
Thanks!

 

[jcutonilli]

Hey all … just to add to the fray, I’ve done some outreach to a few friendly state senators and MSP. Here’s the response back from MSP on whether or not pistol-braced AR pistols under the 29” OAL will fall into forbidden copy-cat assault weapon territory:

“No, Maryland will not be banning these firearms, they remain a handgun by Maryland statute, however, because the ATF has deemed them to be NFA weapons, they must obtain the federal tax stamp before they can be purchased, transferred or in this case, registered.”

Take this with a grain of salt since MSP has not officially given this advice to the general public (at least to my knowledge). So the interpretation here is leave the brace on and get your free SBR if you’re under 29”.

I would be careful about unofficial responses from MSP. The answer may change depending on who and how you ask.

The 29" OAL requirement comes from the definition of a "Copycat weapon" in Criminal Law § 4-301. "Copycat weapons" are "assault weapons" and thus banned under the same subtitle. One part of the definition of "copycat weapon" requires that a "semiautomatic centerfire rifle" have an OAL >=29" to prevent it from being considered a "copycat weapon". This subtitle does not define what a handgun or rifle means. The definition of a handgun does change depending on what subtitle you are reading.

MSP has interpreted the definition of a rifle in this subtitle to include SBRs. It is unclear why this same interpretation would not apply to ATF's new interpretation.

 

[Ifmanis5]

I would be careful about unofficial responses from MSP. The answer may change depending on who and how you ask.

The 29" OAL requirement comes from the definition of a "Copycat weapon" in Criminal Law § 4-301. "Copycat weapons" are "assault weapons" and thus banned under the same subtitle. One part of the definition of "copycat weapon" requires that a "semiautomatic centerfire rifle" have an OAL >=29" to prevent it from being considered a "copycat weapon". This subtitle does not define what a handgun or rifle means. The definition of a handgun does change depending on what subtitle you are reading.

MSP has interpreted the definition of a rifle in this subtitle to include SBRs. It is unclear why this same interpretation would not apply to ATF's new interpretation.

Yep. As I said, take it with a grain of salt. This wasn’t give to me as “official” advice, but can assure you it came after consultation with their assistant attorney general. I was given the strong impression that MSP isn’t interested in the mess the ATF has created, and the advice above reflects that.

I would like to assume there’s an advisory in the works for public release, but that may be optimistic. Maybe more folks in friendly GOP districts should press their electeds to get some greater transparency on the matter?

 

[Doctor_M]

You can always rely on the word of a government entity. It's written in stone.

Was that a Geronimo or Sitting Bull quote?

 

[Bob A]

Was that a Geronimo or Sitting Bull quote?

Oddly enough, the only quotes I can think of that support faith in government pronouncements originate from . . .

. . . yes, the government!

 

[dblas]

I still have not found a precise answer to this...
For owners of a buffer tube foam pad, will the foam need to be removed?
Now I know some Do Not cover the rear face of the buffer tube and some Do cover it completely.
My thought is the Non-Rear Covered Foam Pad would be ok to use?
If the rear is padded, I guess they could say its used to shoulder... thats my thought only.
I could be wrong.
What are your thoughts?
Thanks!

A buffer tube and foam are NOT considered a brace. Unless you have straps on your buffer tube to attach it to your forearm, then it is a brace.

Don't make this harder than it needs to be.

 

[jkeys]

A buffer tube and foam are NOT considered a brace. Unless you have straps on your buffer tube to attach it to your forearm, then it is a brace.

Don't make this harder than it needs to be.

That isn't what the ATF said... In this new ruling the ATF said a buffer tube could be a brace depending on the necessity, functionality, and other characteristics of the buffer tube.

 

[Bountied]

That isn't what the ATF said... In this new ruling the ATF said a buffer tube could be a brace depending on the necessity, functionality, and other characteristics of the buffer tube.

What!?!?

 

[outrider58]

That isn't what the ATF said... In this new ruling the ATF said a buffer tube could be a brace depending on the necessity, functionality, and other characteristics of the buffer tube.

Bingo! You answered your own question. When is a buffer tube not a necessity for functionality?

 

[dblas]

That isn't what the ATF said... In this new ruling the ATF said a buffer tube could be a brace depending on the necessity, functionality, and other characteristics of the buffer tube.

Does it have straps or other items to strap it to your arm as a charcteristic of functionality? If it does, then it's a brace, if it doesn't then it's not. It really is that simple.

again, stop making things harder than they need to be.

 

[JPG]

 

[scottyfz6]

Two things

One from people who watched the ATF Q&A responses from some of the youtube guys bare buffer tubes if necessary for operation are fine. Its when one is added and not needed for the gun to function that it becomes a problem.

Secondly Conn gun owners group have filed a an energency TRO on Conn assualt weapon ban. For almost the exact reason as this thread, their ar pistols due to the ATF rule became banned AW and instant felon status.
Some ping Mark the white curiosity phone, might be able to add it to the on going case MSI has against the MD AW case.