The ATF’s False Narrative Surrounding the Legality of SB Tactical Pistol Braces uncovered

considering that April 2017, when BATFE reversed its ridiculous fact that touching a pistol stabilizing brace to 1’s shoulder magically redesigned it into a shoulder inventory, all has looked quiet on the pistol stabilizing brace entrance. as a minimum publicly. except this yr, that’s. 2020 has brought no scarcity of unwelcome surprises, including just a few from our favorite federal regulatory agency, the ATF. listed here are more details of what’s been happening . . . .

In June, we realized of Congressman Matt Gaetz (R – FL) concentrated on the ATF for its shifting “necessities” and “rules” concerning what constitutes a pistol brace, and how the agency has refused to set goal standards with the firearm trade. This sparked considerations that the ATF turned into going after braces — accessories that they had prior to now approved — and looking for to prevent them. Made public for the primary time, these had been concerns that had been worked on inside the industry for years, including with direct cooperation between attorneys representing firearm trade producers and the suitable legal professionals and officials within the ATF itself and the DOJ.

Then, as we neared the election, the ATF dropped an October surprise, declaring some braced pistols have been in reality SBRs — NFA-regulated short barreled rifles — handiest to later returned off that determination under power. That statement became in direct disobedience to the branch of Justice’s edict (which happened, in a big half, thanks to Rep. Gaetz with support from brace company SB Tactical) that ATF couldn’t pursue any new rulings or regulations on pistol braces without first environment clear necessities for the add-ons in cooperation with the firearm industry.

The DOJ had barred ATF’s Firearms know-how industry functions branch (FTISB) from doing this. They’re the branch inside ATF that has traditionally created all of the approvals, reversals, reversals of the reversals, double-secret suggestions (e.g. 13.5-inch size of pull restrict rule RE braces), and approval determinations of pistol brace designs.

The ATF received across the DOJ’s edict via having a unique Agent from the agency’s Boston box Division (“banned in Boston?”) of its crook branch difficulty these stop & desist letters. yes, that changed into in flagrant disregard of the clear intent of DOJ’s order. nevertheless, the ATF found a means to avoid it in an try and harm the Trump administration within the run-as much as the election and doubtlessly mount a future assault on our gun rights.

All of which brings us to these days. well, the day gone by. most likely you saw the Ammoland article detailing a 2018 letter — offered to Ammoland and others as part of a FOIA request — that was sent from ATF to SB Tactical accusing the company of selling braces that were on no account ATF-approved.

click right here to read the complete document. 

The brief version of this letter is that, 1) SB Tactical had marketed braces that hadn’t been evaluated via the ATF as being ATF “evaluated and accepted,” and a couple of) the simplest SB Tactical braces approved by means of the ATF had been the SB15 and MPX PSB fashions, however none of other 23 brace fashions being bought via SB on the time.

There are most effective a few things incorrect with the ATF’s assertions . . . they’re completely false.

First, related to SB Tactical’s advertising of “non-authorized” braces, the ATF’s 2018 letter contains images of the language SB Tactical used on the time. The language used did not, as the ATF asserts, say that the braces in query had been sold as “evaluated and accepted” by way of the ATF. SB Tactical’s advertising and marketing substances describe the braces as “ATF Compliant.”

The ATF additionally objected to SB Tactical claiming that . . .

ATF has reviewed this product and decided that attaching a Pistol Stabilizing Brace to a firearm doesn’t alter the classification of the firearm or subject the firearm to NFA manage.

We’ve talked with SB Tactical and they’ve informed us that both of those advertising and marketing claims are according to wide in-person conferences with the ATF following the approvals for braces such as the common SB15 and the MPX PSB.

SB Tactical turned into advised directly via ATF regulatory personnel in addition to senior administration that there changed into no should post future brace models the usage of the same, prior to now-approved know-how — i.e. two rubber flaps and a strap to at ease the brace to the forearm — for ATF approval.

having said that, after receipt of the 2018 letter, above, SB Tactical eliminated the referenced language from all of its marketing materials.

second, related to the claim that best two SB Tactical braces had ever been certainly permitted by using the company, that’s additionally false. moreover the SB15 and MPX PSB braces, two other fashions had specially been approved via the ATF. they are the SOB and the SBM4.

TTAG has acquired further ATF files relating to those approvals. here’s a Firearms expertise criminal department file dated August 2, 2017.

click on here to examine the entire doc. 

here’s a referral to the ATF from a prosecutor in a native crook case requesting the ATF’s opinion on the repute of firearms involved in a criminal prosecution. Two of the weapons in question were fitted with SB Tactical braces, one with the SOB pistol brace and one with the SBM4 brace (see photographs at the bottom of the doc).

As one of the crucial ATF’s firearms enforcement officers and a member of the Firearms technology crook branch verify, each of the firearms in query have been labeled as Gun manage Act firearms, that means they used approved pistol braces. If the braces had now not been authorised, they might have legally been regarded stocks and the firearms would have been labeled as national Firearms Act weapons.

however wait…these aren’t the only inaccuracies within the 2018 letter. note that on page two, the letter states this:

FTISB does not approve “stabilizing braces” which can be similar or based off shoulder inventory designs.

Michael Curtis, the FTISB chief who wrote the letter, even underlined that sentence to stress it. however once again, that statement isn’t actual. look at this:

that is a SIG SAUER MPX pistol with the SB Tactical MPX PSB brace. one of two SB Tactical braces Curtis acknowledges in his letter that the ATF had definitely authorised. Now look at this:

That’s the SIG MPX short-barrel rifle with a inventory. The inventory that the SB Tactical MPX PSB brace was in response to.

grasp on….didn’t Curtis say that his operation doesn’t approve stabilizing braces “which can be similar or based mostly off shoulder inventory designs?” That remark is absolutely, patently false. The FTISB authorised the MPX PSB brace and, as you can naturally see, it’s somewhat akin to the SIG shoulder inventory design borrowing not only aesthetic facets but useful aspects of its mounting gadget and size adjustment, etc.

moving on…TTAG is additionally in possession of one more an identical Firearms know-how criminal branch document, this one dated September 15, 2020.

ATF criminal referral document

ATF criminal referral document

click on right here to study the total document. 

note the ameliorations between the 2020 FTCB document and the previous 2017 report. The 2020 document contains paragraphs of guidance concerning the maker of the pistol brace — SB Tactical — that a native prosecutor would not need or ask for, including this:

None of this counsel is of any use to a prosecutor who is simply trying to check the legality of a firearm worried in a crook prosecution. Why, then, would or not it’s blanketed in a FTCB report? The handiest possible intent would be with a purpose to later leak the doc and bolster the ATF’s claim that many SB Tactical pistol braces are non-permitted and that the ATF has let SB Tactical understand it.

You’re probably wondering what SB Tactical did again in 2018 when they bought that letter claiming that many of the braces they have been promoting had now not been permitted. They did what any dependable company would do; they submitted every brace that hadn’t been principally reviewed by way of the ATF for his or her approval.

What became the influence of those submissions? Nothing. Zero. Zilch. Nada. As of nowadays, essentially two years later, the ATF has nonetheless no longer issued a closing classification letter for any of the submissions that had been noted in the 2018 letter.

Why would that be? since the ATF under no circumstances had any intention of appearing on them. They’ve been operating out the clock on what they hoped would be a one-time period Trump administration through refusing to respond.

anything else that’s curious: If, as FTISB chief Michael Curtis wrote in that letter returned in 2018, SB Tactical become breaking the legislation, promoting un-accredited shares (not braces) with the aid of the tens of millions, making their clients felons with the aid of creating unlawful NFA short-barrel rifles, why has the ATF certainly not issued a crook stop and desist order in opposition t SB Tactical? Why have they no longer long gone to courtroom to get an injunction towards them? Why has no buyer of 1 of the non-authorised braces ever been prosecuted?

consider on that for a while, then ask your self why this is all coming out…now. Now that we’re past the election and it appears Joseph Robinette Biden, Jr. can be inaugurated in January.

in the mean time, here’s a press release from SB Tactical launched in accordance with the ebook of the day gone by’s FOIA documents:

SB Tactical is conscious that in line with FOIA requests from third events, ATF has released interior documents that confirm the existence of an effort to malign and reclassify items used with the aid of hundreds of thousands of law-abiding americans. amongst these documents is an incomplete, redacted crook assessment that SB Tactical has never seen earlier than and which carries dissimilar inaccuracies.

contrary to the letters’ baseless accusation about SB Tactical’s advertising and marketing, SB Tactical has never and would in no way lie to its valued clientele. SB Tactical has been working with ATF and DOJ for years and has sought determinations from the company concerning the popularity of its products as utilized to selected firearms. ATF’s false and beside the point statements are sadly in step with an activist and lawless ATF that refuses to engage SB Tactical or manufacturers on the felony popularity of add-ons used by using hundreds of thousands of americans.

SB Tactical finds the motives and movements of the ATF to be arbitrary and capricious. once once again, SB Tactical encourages you to attain out to the White residence and ask President Trump to rollback ATF’s agenda whereas he still can:

  • One-click on hyperlink to Contact DOJ:
  • White condominium comment Line:

Residents from the following states and districts should attain out to their congressional representatives to allow them to recognize what they consider of ATF’s movements:

  • Alabama – Sen. Richard Shelby (R) – Chairman of the Senate Committee on Appropriations and oversees funding of DOJ/ATF.
  • Kansas – Sen. Jerry Moran (R) – Chairman of the Subcommittee on Commerce, Justice, Science, and connected companies (CJS) which is liable for funding the ATF.
  • South Carolina – Sen. Lindsey Graham (R) – Chairman of the Senate Judiciary Committee, which is chargeable for ATF oversight.
  • Ohio 4th District – Congressman Jim Jordan (R) – rating member on the condo Judiciary Committee which has jurisdiction over 2nd modification issues.