Is a SB15 actually illegal?

Status
Not open for further replies.
J

Jdougg92

New member
I have a new Evo3 S1 pistol and is came with the Sig shooting brace.
It was by accident I clicked the news tab on Google and saw the recent developments on the legality of shoulder firing with a brace.
&... Yeah... Who wouldn't be tempted or curious to...

Point is... Is it actually illegal shoot it that way & what are the consequences for doing so?

From what I saw it was only an open letter. Is there anywhere that it is written law that makes it illegal?

Does a government agency have the power to type something up like that and *boom* legal legislation?

Under what infraction of the law would they try me under?

Do I have to worry about... Intent to make an illegal weapon like if I had an AR pistol upper and an AR rifle lower?

And interesting enough I have a Rossi Ranch Hand. If I put that to my shoulder (idk who would with a metal plate being pushed into your shoulder by the power of a 357 mag round) and fire. Is that... Relevant at all to this letter? Is it shooting braces only?
Or is that illegal?

I want to enjoy my new pistol but there are lots of US Marshals,other Feds, and local law enforcement person who are also members at the range I go to. If any one of them sees me shooting from the shoulder (or even what appears to be from the shoulder) am I at risk of getting arrested there on the spot if they are having a bad day?
 
Jdougg92 said:
From what I saw it was only an open letter. Is there anywhere that it is written law that makes it illegal?
Click to expand...
Strictly speaking, no. However, this is the case with many grey areas in the interpretation of the NFA; often what matters is not what the law literally says, but how the ATF has INTERPRETED that law, and those interpretations are often nebulous and famously subject to change.

Here's what the law says.
18 U.S. Code § 921 - Definitions said:
(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
Click to expand...
The NFA famously does NOT contain a definition for the word "pistol," but the generally understood definition is a firearm designed to be operated using a single hand.
Jdougg92 said:
Does a government agency have the power to type something up like that and *boom* legal legislation?
Click to expand...
Not legislation - regulation. Look up the difference.

That said, the ATF has not enacted a formal regulation regarding the SB-15, but they often address questions of interpretation with letters such as this.
Jdougg92 said:
Do I have to worry about... Intent to make an illegal weapon like if I had an AR pistol upper and an AR rifle lower?
Click to expand...
I have a more apt question: Do you want to be the test case? :eek:
Jdougg92 said:
...I have a Rossi Ranch Hand. If I put that to my shoulder ... and fire. Is that... Relevant at all to this letter?
Click to expand...
Directly relevant, no, but see my prior response. :)
 
I'm gonna say, don't fire your pistol from the shoulder....
If you can't resist the urge in public, then I suggest you take a rifle to the range instead.

Or just get the proper sbr stuff

Or like suggested, take the brace off if it's too tempting.
 
The ATF seems to be making it up on the fly. Enough so that I probably will avoid building the AR15 pistol that I have been gathering parts for.
 
If you can't resist the urge in public, then I suggest you take a rifle to the range instead.

Or just get the proper sbr stuff
Click to expand...
Alternately, if the goal is having a short rifle rather than a "faux SBR" simply for the cool factor, another option is a bullpup. Both the Tavor and the K&M M17S are shorter overall than an 11-1/2" AR with an SB-15, and are more potent ballistically due to their 16"+ barrels.

They are, however, admittedly a good deal more expensive than a middle-of-the-road off-the-shelf AR pistol and a LOT more expensive than a roll-your-own project AR built from lower-end components.
 
I wouldn't shoulder it at a public range if I were you. If there's any LE there you're asking for trouble. Either take the brace off while you're at a public range, or go somewhere that LE isn't.
 
The thread Peggysue linked to has all the answers anyone can provide at the moment. So far, the policy hasn't been tested in court.

As it stands, let's wait until new information before discussing it any further.
 
Status
Not open for further replies.
Back
Top