Selling a pistol with a brace... is this now an issue?

[Ryandalling]

I am swapping out a few guns and want to upgrade some others and I have a couple with braces I want to get rid of... I figure if I pop the brace off of the CZ Scorpion, then there is no issue... boom... sell... but the Sig MPX Copperhead has an integrated brace... which now is an "SBR"... will a gun shop even buy it? Trying to follow the new rules but confused on how hosed we all just got if we forgot something deep in the back of our safe....

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[Alexx1401]

I am swapping out a few guns and want to upgrade some others and I have a couple with braces I want to get rid of... I figure if I pop the brace off of the CZ Scorpion, then there is no issue... boom... sell... but the Sig MPX Copperhead has an integrated brace... which now is an "SBR"... will a gun shop even buy it? Trying to follow the new rules but confused on how hosed we all just got if we forgot something deep in the back of our safe....

Since to sell the gun in OR you have to go through an FFL that would be the place to start asking. Really will not matter what anyone here "thinks" since an FFL will have to handle the sale. Will be interesting to hear what they (the FFL) have to say.

 

[ilikegunspdx]

I am swapping out a few guns and want to upgrade some others and I have a couple with braces I want to get rid of... I figure if I pop the brace off of the CZ Scorpion, then there is no issue... boom... sell... but the Sig MPX Copperhead has an integrated brace... which now is an "SBR"... will a gun shop even buy it? Trying to follow the new rules but confused on how hosed we all just got if we forgot something deep in the back of our safe....

What kind of integrated brace is it? If it's collapsible kind maybe you could swap out that brace for an end cap with 1913 rail and sell the gun and brace separately which would be legal.

 

[billdeserthills]

Seems like you can always just list it on a GunBroker-type site and sell it out of State. Perhaps to a State with a Second Amendment Sanctuary law, like AZ

 

[RX-79G]

Seems like you need to Form 1 it is you want to have the brace on it. And then if you sold that it would have to take the very long Form 4 route.

Otherwise, you could remove the brace part of it and sell it as a pistol. Then the buyer could non-amnesty SBR it on a Form 1 for $200.

But braced pistols are not transferrable and can only remain in that configuration if you are pursuing a Form 1.

 

[ilikegunspdx]

Seems like you can always just list it on a GunBroker-type site and sell it out of State. Perhaps to a State with a Second Amendment Sanctuary law, like AZ

The danger with that is ATF may be the buyer. If he can figure out how to remove brace it won't be violating any laws (unless the removed brace and gun ship in the same box- they may consider that constructive possession).

 

[edzz]

Before this stupidity began IIRC there were a few "pistols" being sold with (not sure) pined or welded stocks fixed presently in the folded position.

I wonder if it would pass atf muster to take that approach. Likely wouldn't be able to get a timely answer out of the atf at this late date.

 

[ilikegunspdx]

Before this stupidity began IIRC there were a few "pistols" being sold with (not sure) pined or welded stocks fixed presently in the folded position.

I wonder if it would pass atf muster to take that approach. Likely wouldn't be able to get a timely answer out of the atf at this late date.

I think ppsh is still sold that way. I don't see any way a person could say that something like an over/under folder that is pinned and welded could meet atf criteria for an illegal brace. Fe it has no surface area that could be shouldered, nothing protruding fro the back of the gun etc. But atf claims to be able to determine it on a "holistic approach". However as I recall almost all those "holistic" criteria apply only after the first test, which is does it have surface area that allows it to be shouldered.

Having said that, seems to me it would be a lot simpler to separate the brace from the gun than to try to permanently affix it to the gun. But to each their own I guess.

 

[ZA_Survivalist]

Could always take the brace off for the sale and then happen to leave it where the buyer can find it. No sale of the brace occurred and it's up to the buyer to mount/sell said brace that they happened to "find".

 

[ilikegunspdx]

Could always take the brace off for the sale and then happen to leave it where the buyer can find it. No sale of the brace occurred and it's up to the buyer to mount/sell said brace that they happened to "find".

ATF said in the training they can be sold separately. They also advised if ffl/pawn shop has a braced pistol in their possession (such as on consignment) they should separate pistol from brace before returning to customer.

Q and a from audio of one of the training sessions starts at 19:00 mark. It answers a lot of questions and hypotheticals imo:

 

[RX-79G]

Could always take the brace off for the sale and then happen to leave it where the buyer can find it. No sale of the brace occurred and it's up to the buyer to mount/sell said brace that they happened to "find".

They could acquire a brace or stock any way they want. But they're going to have to pay the $200 tax to mount it.

 

[ZA_Survivalist]

They could acquire a brace or stock any way they want. But they're going to have to pay the $200 tax to mount it.

Exactly. That's on the buyer at that point down the road.

 

[MikeInOr]

I am swapping out a few guns and want to upgrade some others and I have a couple with braces I want to get rid of... I figure if I pop the brace off of the CZ Scorpion, then there is no issue... boom... sell... but the Sig MPX Copperhead has an integrated brace... which now is an "SBR"... will a gun shop even buy it? Trying to follow the new rules but confused on how hosed we all just got if we forgot something deep in the back of our safe....

Your MCX Copperhead should have come with a matching retractable brace, It is removable. Sell the gun then sell the brace. I have seen nothing about not being able to sell a brace or even selling a brace to the same person that is buying the pistol. I would just remove the brace and sell it to the buyer in a separate transaction. What ever the buyer decides to do with the brace is his business.

How to remove the brace fron the gun:: https://www.sigtalk.com/threads/mpx-copperhead-brace-removal.382614/

 

[wired]

There are no braced pistols any more. They are SBR's.

 

[CamoDeafie]

There are no braced pistols any more. They are SBR's.

Or rifles. Or shotguns. Or SBS. No more braced "firearms" anymore it seems

 

[RX-79G]

Or rifles. Or shotguns. Or SBS. No more braced "firearms" anymore it seems

You can put a brace on a rifle or 18" barrel shotgun all day long.

 

[CamoDeafie]

You can put a brace on a rifle or 18" barrel shotgun all day long.

Yes. What we're saying is that there's no point in getting braces if they're now the same as shoulder stocks. Ergo... just run stocks on 16"+ rifled barrels and 18+" shotgun barrels.

 

[wired]

Yes. What we're saying is that there's no point in getting braces if they're now the same as shoulder stocks. Ergo... just run stocks on 16"+ rifled barrels and 18+" shotgun barrels.

I thought they were used by disabled vets so they can hold a 6 lb pistol at arms length. Surely those guys are still going to ...

hahaha I slay me

 

[CamoDeafie]

I thought they were used by disabled vets so they can hold a 6 lb pistol at arms length. Surely those guys are still going to ...

hahaha I slay me

They were designed to. Doesn't mean they should be treated exactly the same as shoulder stocks but that is what the ATF is doing anyhow

 

[RX-79G]

They were designed to. Doesn't mean they should be treated exactly the same as shoulder stocks but that is what the ATF is doing anyhow

I wonder if they actually ever were, or if they were designed to look like that could happen.

It doesn't matter.