National Constructive Possession Brace vs Stock

[ilikegunspdx]

From one of the threads where this was discussed months ago.

Re what is or is not constructive possession, I found a video of the first training on 1/31 and it is discussed at the 22:55 mark, also 26:19, also 36:35(ish), also 42:00 (best example imo)

 

[Member 53328]

Brace. Stock. At this point they are the same thing. Penalties are the same.

FORM 1 and call it a day. Pretty simple really.

 

[Bushman]

So don't store it dismantled from the tube with the gun and you guys will be fine. Put it somewhere else.

 

[The Heretic]

Did not watch any of the vids, but if you have possession of a pistol and a stock/brace for that pistol, and the ATF/courts consider the brace to be a stock, then that is constructive possession regardless of where you store the stock. Same goes with a short barreled upper and a stocked lower. If it is in your possession, it is in your possession, even if the two items are stored a thousand miles apart.

Relying on someone in the government saying "don't worry, trust us, we won't prosecute you for this" is foolish. That isn't how court trials interpret the law - they go by the law, not something some government official said in a YT vid.

 

[Bushman]

Did not watch any of the vids, but if you have possession of a pistol and a stock/brace for that pistol, and the ATF/courts consider the brace to be a stock, then that is constructive possession regardless of where you store the stock. Same goes with a short barreled upper and a stocked lower. If it is in your possession, it is in your possession, even if the two items are stored a thousand miles apart.

Relying on someone in the government saying "don't worry, trust us, we won't prosecute you for this" is foolish. That isn't how court trials interpret the law - they go by the law, not something some government official said in a YT vid.

I'm a random guy on the internet and I approve this message.

 

[kmk1012]

What is the last day for the form 1 amnesty period again?

 

[CamoDeafie]

What is the last day for the form 1 amnesty period again?

May 31st, 2023. On the ATF website, they have posted that after 12:01AM of May 31st (midnight of the 30th?) that they will disable E-Form 1 Tax-Exempt applications. Not sure if the latest injunction is doing anything about that

 

[RX-79G]

I'm not really sure why we are talking about this. What possible legal reason do you need to keep your brace? If you want to keep stuff around to violate the law, just do it and shut up about it.

 

[Kruel J]

I have an SBA3 laying around that I never even mounted to a tube. Ima keep it.

 

[MakarovManiac]

Just dont listen to it, and dont follow it. They can suck it. Mass non-compliance is the only way to fight it.

 

[RX-79G]

Just dont listen to it, and dont follow it. They can suck it. Mass non-compliance is the only way to fight it.

Mass non-compliance of a non-registered item doesn't fight anything.

When those million NYers didn't register the ARs the state knew they had, THAT is fighting.

 

[MakarovManiac]

Mass non-compliance of a non-registered item doesn't fight anything.

When those million NYers didn't register the ARs the state knew they had, THAT is fighting.

Im saying if it becomes regulated item like surpressors. If the "ban" goes through. Dont register $hit. They dont need to know about it.

 

[RX-79G]

Im saying if it becomes regulated item like surpressors. If the "ban" goes through. Dont register $hit. They dont need to know about it.

And I'm saying it doesn't change anything to own contraband no one realizes is out there. It isn't "fighting". It is "hiding".

 

[MakarovManiac]

And I'm saying it doesn't change anything to own contraband no one realizes is out there. It isn't "fighting". It is "hiding".

Than what do you propose we do?

 

[RX-79G]

Than what do you propose we do?

Do whatever. Just don't tell yourself that you are striking a blow for gun rights by hiding a $20 plastic stock in your closet.

 

[MakarovManiac]

Do whatever. Just don't tell yourself that you are striking a blow for gun rights by hiding a $20 plastic stock in your closet.

Lol okay

 

[v0lcom13sn0w]

how could "they" not know that theres literally millions of braced pistols out there when they estimate between 3-40million and only 250k have been registered as of may 22 according to washington gun lawyer william kirk?

 

[Alexx1401]

how could "they" not know that theres literally millions of braced pistols out there when they estimate between 3-40million and only 250k have been registered as of may 22 according to washington gun lawyer william kirk?

"They" will of course know there are a TON of these things still out there. 99.99% of the people who keep one can keep it and nothing will happen. Not sure what anyone gets from this but to each their own. To me its no different than keeping any other NFA item that is not papered. Not sure what the "fun" would be if I can't use it. I do miss my braced pistol but did not want to paper it so its gone. Will build another AR pistol here when I get some time. No buffer tube, will just use a single point sling. Not as nice but will still be both fun and useful. I did not keep my brace as to keep it but not be able to take it out to shoot would do nothing for me.

 

[RX-79G]

how could "they" not know that theres literally millions of braced pistols out there when they estimate between 3-40million and only 250k have been registered as of may 22 according to washington gun lawyer william kirk?

Because they are often cheap and people may have simply thrown them away. Or they put a 16" barrel on.

By the same token, how many pistol uppers or regular stocks have been sold without any sort of tracking or registration? Who knows how many illegal SBRs are lurking out there? The ATF sure doesn't have any idea about either of them. The assumption is that people bought pistols and if they wanted pistols and don't have a disability, they can keep shooting them as pistols.


I just find the whole thing tiresome because you could buy and hide a real rifle stock if it was important to you. But suddenly you have an extra 'brace' stock and that's the hill you want to die on? That piece of poorly shaped plastic is not worth a felony, nor is the non-message it isn't sending.

 

[Member 53328]

We're still talking about this regulation that been dropped…… @solv3nt (I did it for you)…….

What's another thread right? We all know our options. We know the consequences. Make a decision and shut up about it.