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AR-style pistol ruled SBR by ATF

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Jito463:
https://www.thetruthaboutguns.com/atf-rules-qs-honey-badge-is-a-short-barrel-rifle-issues-cease-and-desist-letter/

While this technically isn't a law, it is a legal matter.  I've never heard of this company, but one called 'Q' produces an AR style pistol called the Honey Badger.  Frankly, not something I'd run out to get, but for anyone that has one, you need to take proactive steps to ensure you don't accidentally become a felon from buying a once legal item.


--- Quote ---Dear Customer:

On August 3rd, 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) issued Q® a formal Cease & Desist letter, notifying us that ATF has taken the position that the Q Honey Badger Pistol is a short-barreled rifle (“SBR”) regulated under the National Firearms Act (“NFA”).  In response, Q has ceased all production of the Honey Badger Pistol, and submitted a comprehensive letter to ATF and the Department of Justice (“DOJ”) stating why we disagree with this classification[1]. Additionally, we have provided recommendations on how to address the firearms already in circulation. Q is seeking solutions that best protect you, the individual, and Q’s distribution network from falling out of compliance with ATF regulations, and federal law. At this time, Q has not received any definitive guidance from the ATF.

In the meantime, Q encourages possessors of the Honey Badger Pistol to take these proactive measures until a resolution is reached between Q and ATF.

1. Complete one of the following:

A: Remove the barreled upper receiver from the lower receiver and dedicate it as a replacement
for another AR-style pistol or registered short-barreled rifle; or

B: If you do not possess another AR-style pistol or registered short-barreled rifle, remove the barreled upper receiver from the lower receiver and temporarily transfer it out of your possession by, for example, transferring it to the dominion and control of another individual; and

2. Once the previous step is completed, you may file an ATF Form 1 to register the lower receiver as a short-barreled rifle. Upon Form 1 approval, the firearm may be reassembled.

Failure to complete option a or option b could result in prosecution and is subject to a $10,000.00 fine and up to 10 years imprisonment.
--- End quote ---

I have highlighted the bottom line, as it's the most critical.  Since it's now classified as an SBR, you must go through the NFA tax stamp process to make it legal.  I also found a video on the subject, if you prefer that over reading.



*EDIT*
A comment below the article in the top link, seems to have an interesting summary of the issue.  If true, this could be fairly easy to resolve (on the manufacturer's end).


--- Quote ---I think it’s because it’s under 26 in. with the brace fully extended in a position that can be shouldered and fired.

If you have a 7.5 in. AR pistol upper with a SBA-3 and a Law Tactical folder, the pistol is concealable but cannot be fired with the stock folded.

With the stock unfolded and extended, it is now shoulderable but it is over 26 in. long (i.e. – not an SBR).
--- End quote ---

JAK:
I took a look at the letter that was sent to theme and  the issue is not overall  length, it is the belief of the ATF that the firearm is intended to be fired from the shoulder.

This may be the start of another reversal on pistol braces by the ATF.

John K

Jito463:

--- Quote from: JAK on October 07, 2020, 05:29:22 AM ---I took a look at the letter that was sent to theme and  the issue is not overall  length, it is the belief of the ATF that the firearm is intended to be fired from the shoulder.

This may be the start of another reversal on pistol braces by the ATF.

John K
--- End quote ---

From what I gathered, it's because it can be shouldered and fired WHILE being under 26" in length.  If it were under 26", but could not be shouldered and fired (such as those with a fold up brace), then it would still be legal.  Because it can be shouldered and fired while under the regulated length, that's what makes it an SBR.  Again, that's just my understanding of the matter.

shooter:
 I want to know WHO wrote this letter?

   I see people online blaming republicans.   I really dont see Trump saying to do this 4 weeks before the election,

   I think some lower level Trump hater did this to try and mess with the election,

LJUnaTIC:
Truth is no one knows why this was done and ATF won't disclose its reasons.

There is a rumor about length of pull exceeding 13.5" but the actual spec is 13.3"

ATF s makes some nebulous statement about the firearm being "holistically" too similar to an SBR. Not sure how a company can respond to that.

There remain many other AR15 pistols manufacturers with models using this same brace on the market with no mention from ATF as to their status.

Standby for the law suits which will drag on until the next election in 2024

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