jdege wrote:Holland&Holland wrote:warrlac wrote:My understanding is that an AR-15 pistol without a stabilization brace is simply a pistol.
Unless it isn't. If they can find a picture of someone shouldering it online, then it is an SBR.
Or they find something can be used as a brace in your possession.
It needn't be attached to the firearm. That you have it is enough.
This is incorrect. A brace can be installed on a rifle with a 16" barrel, according the compliance criteria. Therefore they cannot prosecute you for posessing a brace. They also state in the same criteria that a brace must be rendered inoperable. They are contradicting themselves and that will not hold up in court. As long as you also posess a legal rifle, or for that matter the "intent" to build a 16" or greater barreled rifle there is no legal reason that you cannot posess a brace.
Constructive intent is a F'n joke anyway. If you have a 16" rifle and a "legal" pistol you can simply pop the pins and swap the uppers and BOOM, you have an unregistered SBR. Or, since your pistol can retain the 6-position buffer tube you could merely pull the stock off the rifle and install on the pistol. Anybody who wishes to do harm to others isn't going to give 2 s@#!s about whether his firearm is AFT compliant.