By Nick Leghorn on December 27, 2014
“The National Firearms Act is one of the worst pieces of legislation in the history of the world ever. And I don’t just mean that in terms of infringing on our Second Amendment rights, I mean that grammatically as well. The law is as clear as mud, sometimes when it comes to relatively straightforward questions. Once again we seem to have run headlong into an issue that the NFA doesn’t clearly spell out. In this case, the ATF appears to have told someone that using the pistol brace “improperly” makes it an SBR. And while that is 100 percent true for that person, the ATF isn’t “reversing their decision.” The letter makes perfect sense, and it’s fully consistent with past communications. Here’s why . . .
I have had the benefit of spending some time with legal counsel, experts in this matter, as well as a Cuban Missile Crisis style conversation that…didn’t…happen with an ATF agent in the last few hours. As a result, things have been clearing up for me. The difference here, and why Alex Bosco’s letter doesn’t jibe with this latest one, is intent.
When Alex originally submitted his letter asking for approval of the pistol brace, he intended it to be used as just that: a brace for attaching AR-style pistols to an arm. The device is intended to allow someone to fire an AR pistol with one hand, a definition that is just peachy keen and in no way falls under the National Firearms Act. The important thing to remember here is that intent matters — Alex intended to make a brace specifically designed to allow people to fire a pistol with one hand.
Under the National Firearms Act (NFA), 27 C.F.R. § 479.11, “pistol” is defined as:
” … a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).”
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