Shouldering a brace?

[MRH]

The difficulty is, and what most folks willfully ignore, is that they won't go at it that way. They know they can't win that, so they will make you look like a weasel. It is, was, and always will be about intent with the ATF.

"Ladies and gentlemen of the jury, clearly this man bought this "pistol brace" to circumvent the NFA and to avoid registering and paying his $200 tax. Please allow me to admit into evidence some of his postings from a website called theoutdoorstrader.com where he clearly shows willful disdain for not only the government but the homosexual community, blacks, and women."

Go ahead, shoulder that brace. No one's been arrested......yet.

Do you mean that perfectly legal brace? It is legal to own, and legal to have on the pistol. Proving that someone actually shouldered it during a home invasion (hypothetical), especially when they deny it, is going to be a tough one to prosecute.

I'm not advocating doing things illegally, but unless the goons actually catch you with irrefutable proof of breaking the law, they have no case.

Some of the ODT postings could hurt.

It's a ridiculous law, anyway.

 

[rOmiLaYu]

Do you mean that perfectly legal brace? It is legal to own, and legal to have on the pistol. Proving that someone actually shouldered it during a home invasion (hypothetical), especially when they deny it, is going to be a tough one to prosecute.

You and I know that it is legal. Do you really believe that a "jury of your peers" will believe that? I'd be willing to be that a vast majority of Americans don't even know what a "pistol brace" is...much less the intricate legalities of the NFA.

I'm not advocating doing things illegally, but unless the goons actually catch you with irrefutable proof of breaking the law, they have no case.

There's always a case. Whether or not it's winnable by me is another question. And that's the thing...they don't have to "win" to win. I get busted, get put on trial, spend 5 years tangled up in court, and spend my life savings defending myself. Sure, maybe I don't go to jail for 10 years but did I "win?"

Some of the ODT postings could hurt

It's a ridiculous law, anyway.

 

[NWSharpshooter]

You and I know that it is legal. Do you really believe that a "jury of your peers" will believe that? I'd be willing to be that a vast majority of Americans don't even know what a "pistol brace" is...much less the intricate legalities of the NFA.


There's always a case. Whether or not it's winnable by me is another question. And that's the thing...they don't have to "win" to win. I get busted, get put on trial, spend 5 years tangled up in court, and spend my life savings defending myself. Sure, maybe I don't go to jail for 10 years but did I "win?"

Mist Americans don't know there is even a difference between a pistol and a rifle much less that a such thing as an AR pistol even exists.

 

[rOmiLaYu]

Mist Americans don't know there is even a difference between a pistol and a rifle much less that a such thing as an AR pistol even exists.

Exactly...but hey, "they have no case."

 

[NWSharpshooter]

Exactly...but hey, "they have no case."

I am a lifelong gun nut yet the first time I saw an AR pistol I thought it was a SBR. This was 15 years ago long before braces were even thought of.

Someone had to explain to me that it was a pistol and even today I see them for the most part as a way to skirt NFA law, brace or not.

 

[MRH]

You and I know that it is legal. Do you really believe that a "jury of your peers" will believe that? I'd be willing to be that a vast majority of Americans don't even know what a "pistol brace" is...much less the intricate legalities of the NFA.


There's always a case. Whether or not it's winnable by me is another question. And that's the thing...they don't have to "win" to win. I get busted, get put on trial, spend 5 years tangled up in court, and spend my life savings defending myself. Sure, maybe I don't go to jail for 10 years but did I "win?"

Pistol braces are perfectly legal to own and proving it should not be a problem.

I agree they can sink a person with court costs, and it is not something I would want to push. That's why I will never advocate for someone to break any gun laws, and would suggest that testing the boundaries of the law, or pushing back, could prove to be a huge mistake in judgment as well, not to mention a costly one.

 

[Fatal_Bert]

You and I know that it is legal. Do you really believe that a "jury of your peers" will believe that? I'd be willing to be that a vast majority of Americans don't even know what a "pistol brace" is...much less the intricate legalities of the NFA.


There's always a case. Whether or not it's winnable by me is another question. And that's the thing...they don't have to "win" to win. I get busted, get put on trial, spend 5 years tangled up in court, and spend my life savings defending myself. Sure, maybe I don't go to jail for 10 years but did I "win?"

Based on the last two times I had jury duty I'm pretty confident I would win the case with a jury of my peers, assuming the trial was here in Thomaston. Most of the Obama mama's and other leeches of our community has excuses to get out of there civic duty and the jury pool was left with blue collar types and business owners who are fed up with government bureaucracy. Its not like the prosecutor is gonna be the only one talking, the defendants lawyer is gonna make sure the jury knows just how vague and wishy washy the ATF is concerning NFA items.

 

[MRH]

I am a lifelong gun nut yet the first time I saw an AR pistol I thought it was a SBR. This was 15 years ago long before braces were even thought of.

Someone had to explain to me that it was a pistol and even today I see them for the most part as a way to skirt NFA law, brace or not.

But they are within the law.

 

[rOmiLaYu]

Pistol braces are perfectly legal to own and proving it should not be a problem.

You said this ^

That's why I will never advocate for someone to break any gun laws, and would suggest that testing the boundaries of the law, or pushing back, could prove to be a huge mistake in judgment as well, not to mention a costly one.

Then you said this ^

So which is it?

 

[rOmiLaYu]

Based on the last two times I had jury duty I'm pretty confident I would win the case with a jury of my peers, assuming the trial was here in Thomaston. Most of the Obama mama's and other leeches of our community has excuses to get out of there civic duty and the jury pool was left with blue collar types and business owners who are fed up with government bureaucracy. Its not like the prosecutor is gonna be the only one talking, the defendants lawyer is gonna make sure the jury knows just how vague and wishy washy the ATF is concerning NFA items.

Your point is taken...but it is simply not a gamble that I'm willing to take.