That is not true. Shouldering a buffer tube does not make an AR pistol a SBR (based on current FTA rulings). The buffer tube on a AR pistol is not designed to nor intended to be a stock. Just because you are using it in a way not desgined/intended for does not "redesign" the weapon. What if I shoulder a regular pistol/revolver? Is it suddenly a SBR? No. This is also true when it comes to braces. Braces are not intended/designed to be a stock so if it is shouldered it doesn't make it a SBR. Now if you modify a brace in any way other than how it is came from the manufacture then you could be in legal hot water because it could be viewed as a redesign. Now another legal grey area is intent. If you go on the record saying your are planning to use a brace as a stock to bypass the NFA then you are in the wrong. Also stupid.
The opinion of a real lawyer on latest ATF letter:
A practical (non-lawyer) opinion on latest ATF letter and why the 2015 letter came about.
dts3, If you had said something like "Even though the ATF has ruled that shouldering AR pistols is okay, I'm not going to because in my opinion it too much of an grey area" (or something like that) I can respect that. Saying that shouldering AR/AK pistols is illegal and violates the NFA, please don't take this the wrong way, is uninformed or irresponsible. Just my
and please treat it as such.
The ATF has yet to arrest anybody nor shut down a range over the pistol brace or shouldering pistols. Only one person has been arrested and charged by local LEO, not ATF, for shouldering a Sig Brace but that was when they first came out. Those charges were dropped after that local LEO consulted with the ATF and the ATF said he had not violate NFA rules. All the ranges in my area are not worried about the ATF WRT AR/AK pistols. They are worried about damage to their ranges due to idiots not controlling their AR/AK pistols.
Stupid people have caused too many restrictions at my local ranges. I'm glad I have access to a private range. How ever that private range is part of a hunt club and it is gun hunting season so the range is unavailable for awhile. Also Stupid people caused the 2015 ATF letter WRT pistol braces as Mac talked about in the vid above.