The video above is the sorta gun nerd stuff that I’m sure interests more than just a few of us.
Attorney Adam Kraut, a contributor for The Gun Collective, takes a deep dive into the weeds of the SIG Brace controversy, asking the question: “Can you legally shoulder Sig Arm Brace?”
The short answer is no, you can’t. The ATF can come after you for violating the law if you shoulder a stabilizing brace. And Kraut says as much in the video.
However, the point he also makes based upon his legal interpretation of certain definitions, i.e. rifle, that one can theoretically shoulder a brace if they did not make or remake, design or redesign the brace.
In other words, if you purchased a firearm with the brace already attached or if you borrowed a friend’s at the range you can theoretically shoulder the brace because you, yourself, did not make or remake, design or redesign the brace.
Instead, what Kraut argues is that while you may be “misusing” the firearm, i.e. putting it to your shoulder, you — as the borrower of a friend’s or a buyer of an existing firearm with a brace — have not redesigned or modified the product with the intent of shouldering it. Plainly stated, misuse does not count as (re)making, modifying or (re)designing the firearm.
Yes, I know what you’re thinking, that’s not a loophole one wants to exploit in practice. And again, I agree. I wouldn’t want to test it out either. In theory. though, Kraut’s argument makes sense by the letter of the law.