On Friday, just before the end of the work day, the ATF released a bombshell of a declaration. In their opinion the previous letters claiming SB Tactical’s stabilizing arm brace is perfectly legal were actually completely wrong, and they decided to completely reverse their decision and make the misuse of the item illegal. It’s a landmark change, since this concept (that the use of an object determines what it is rather than its intrinsic qualities) has never been applied to firearms ever in the history of the world. It would seem to some like this is the end of the line barring some legal challenge after an arrest, but there is one last card up SB Tactical’s sleeve: Declaratory Relief.
(read it all here)
Basically, if I understand correctly, the ATF's wording makes a pistol a SBR if shouldered to fire because the pistol was not designed to be fired from the shoulder. Using their logic, firing a rifle one handed would make it a pistol.
And by the same ATF logic, firing a pistol with 2 hands would make that pistol, well, I don't know...as a pistol is meant (by ATF logic) to be fired with one hand.
Let's hope a judge can see through this malarkey and make the proper decision.
The fight isn't over yet.