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history

development

mccollum

forgotten weapons

design

disassembly

00:00:01

justice department unveiled its new

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ruling on pistol braces and short-bailed

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rifles Attorney General of the U.S

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Merritt Garland was quoted as saying

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thus

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almost a century ago Congress determined

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that short-barreled rifles must be

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subject to heightened requirements

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and that's just straight up not true

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thanks for tuning in to another video on

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forgottenweapons.com I'm Ian McCollum

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and this subject has become very

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relevant and so I thought it'd be worth

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taking a look at the history of

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short-barreled rifles and their

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regulation and how this applies to the

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newly released ruling on pistol braces

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which

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tldr essentially makes all pistol BR all

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braced pistols into short-held rifles

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so in 1934 the U.S Congress passed the

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National Firearms Act and this regulated

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a number of types of firearm now the

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intent of this was to prohibit them

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outright however it was recognized at

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the time that the Second Amendment

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didn't actually allow an outright

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prohibition and so instead a

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prohibitively expensive tax was chosen

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as the mechanism for restricting

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ownership of these firearms

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the tax was 200 the legislation makes no

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allowance for that tax to change

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regarded with regards to inflation and

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so it is still 200 today however in 1934

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a 200 tax was many many times the cost

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of most of the guns that were regulated

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by the act for example silencers at that

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time cost between three and seven

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dollars a 200 tax on a three to seven

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dollar item is obviously intended to be

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prohibitive at any rate that's not the

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point that I want to make here the the

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relevant point is that the National

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Firearms Act regulated machine guns uh

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destructive devices today but that would

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actually come in an amendment later in

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the 1960s

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short-barreled rifles short barrel

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shotguns and an extra sort of vague

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category entitled any other weapons

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one might wonder

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is attorney general Garland correct in

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the shortved rifles and short-belt

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shotguns were seen as a particularly

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criminal threat a threat from the

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criminal element and the answer is no

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because originally as it was written the

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National Firearms Act would have also

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subjected to handguns to these same

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restrictions and that was largely the

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intent of the National Firearms Act it

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wanted to Target the scary guns that

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were viewed as being used by criminals

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and those were handguns and machine guns

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uh however before the Act was actually

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passed lobbyists successfully removed

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the handguns from the scope of the

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legislation

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now the whole reason that short-barreled

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shotguns and short-bailed rifles were

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included in this was not because they

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specifically were considered a problem

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but because they were seen as a loophole

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in a Prohibition or a prohibitive tax on

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handguns because what's the point in

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Banning a handgun if I can just go take

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a rifle cut the stock off cut the barrel

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off and now I have a little short

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concealable rifle it's going to be

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cludgy and clumsy and awkward but that

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really kind of fits the criminal use

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case anyway we just cut those off and

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all of a sudden well officer it's not a

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handgun it's clearly a rifle

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and so short barreled rifles and

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shotguns were included in this bill as a

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as a as a closure of a loophole of how

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you could get a handgun that isn't

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technically a handgun the big problem

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was that and this hasn't been fixed in

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the 90 plus well virtually 90 years

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since this law was passed is that those

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loophole closures weren't removed when

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the handgun section was removed so we

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are left in this really quite absurd

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legislative uh or legal position today

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where a handgun if I can do this without

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everything falling over this handgun is

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totally legal I can buy this from a

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dealer without anything beyond a general

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background check in states that allow

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private purchases I can just buy this

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from another person no big deal

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I can also

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buy this without there we go without any

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particular extra oversight beyond what

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is required to buy a firearm in general

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this is clearly a rifle it's long

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however

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this which Falls squarely between those

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previous two is subject to what was at

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the time intended to be a prohibitive

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federal tax as well as the oversight of

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having to submit photographs

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fingerprints to the FBI and wait a non

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it's not a legal mandated waiting period

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but the Practical waiting period because

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the amount of time that it takes ATF to

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process the form to legally own this to

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pay the tax on it so that you can own it

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is these days six to nine months it

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varies with the new regulation declaring

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all sorts of extra things to be short

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belt rifles the waiting time for this to

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be processed is almost certainly going

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to jump above a year and who knows how

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long it will actually go

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but let me remind you this according to

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attorney general Garland is prohibited

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or is regulated because it is

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particularly dangerous because it's

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concealable and yet

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this which is clearly more concealable

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is not you see the absurdity

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now the National Firearms Act has not

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been static since 1934 when it was first

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passed it's been changed twice in ways

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that are relevant to what we're looking

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at today the first change was in 1936

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when a number of manufacturers of 22

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caliber sporting rifles plinking rifles

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small game hunting rifles uh wrote to

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Congress or to the government and

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essentially said look this barrel length

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prohibition is is really creating a

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problem for us like we sell a lot of

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guns we make a lot of guns that have

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barrels shorter than this and they're 22

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caliber hunting rifles they they have no

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place in the criminal world like this

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isn't the sort of gun that you're trying

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to ban but your law has banned them and

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this is putting undo uh imposition on

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our business could you please change it

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and in 1936 they did and what they did

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was they Exempted 22 caliber rifles with

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barrels longer than 16 inches

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let's write 16. now if you are

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intimately familiar with the NFA you

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will know that the legal barrel length

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limit the the legal minimum for a rifle

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at which point it becomes a short build

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rifle is 16 inches today

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we'll get to that change in a moment

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because for shotguns you have to have an

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18 inch barrel we have an odd dichotomy

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where it's 18 inches for a shotgun but

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it's 16 inches for a rifle and these are

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allegedly based on the same idea of

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concealability so why is there a

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difference in the barrel lengths between

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the two well for 22 caliber rifles it

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became 16 inches in 1936 specifically to

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basically let some of these guns that

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were obviously not what Congress was

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trying to control out of the the loop

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now a further issue came up in 1963 or

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rather in 1968 so in 1963 the US

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government starts surplusing M1 carbines

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the animal carbine has a 16 and a

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quarter inch long Barrel in 1963 the U.S

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government sold just about a quarter

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million of them to NRA members

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and it occurred to someone at some point

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after they all went out the door that

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every single one of those was in fact an

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NFA violation every single one of those

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was legally a short-barreled rifle

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that's a that's a big whoopsie this is

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in fact fairly similar to what we have

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today which is that in 2012 the first

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pistol brace was submitted to ATF for

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ruling is this if we put this on a

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pistol so you can strap it to your arm

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um and have improved stability

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especially for people who have perhaps

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handicaps

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would that constitute a short belt rifle

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and ATF looked at it and said well no no

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it wouldn't

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and again kind of an oops because pretty

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quickly people started realizing that I

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can take this brace and I can just stick

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it on my shoulder like a stock and it

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pretty much works the same way it's a

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little less comfortable but I can shoot

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hand much more effectively that way than

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I can strapping this thing to my arm

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now

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the the ultimate result of that whoopsie

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today is ATF coming back after there are

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millions ATF estimates there are three

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to seven million pistol braces uh in

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private hands in the United States today

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the Congressional research service says

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that it's actually more like between 10

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and 40 million of these things

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and the atf's response has been to

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declare them all Contraband well

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possessing the thing is sort of legal if

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you don't have a gun you can put it on

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putting it on a gun you've now created a

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short barrel rifle and the penalty for

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this by the way is a 250 000 fine in a

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10-year sentence in federal prison as a

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felon you might think that this is a bit

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out of scale for the severity of the

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crime which of course has no actual

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victim in the first place at all one

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might suspect that if a criminal wanted

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to conceal a firearm they could

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acquire a pistol instead of

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register a 200 tax for a short barreled

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rifle with a pistol brace on it at any

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rate the solution to the oopsie in 1963 when

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all of these things got sold out onto

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the market by the government themselves

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was to come back in 1968 and include a

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clause in the gun control act that

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changed the minimum barrel length from

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18 inches to 16 inches for all rifles so

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as of 1936 the length was 16 inches for

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a 22. as of 1968 it becomes 16 inches

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for everything

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they acknowledged presumably that they

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made a mistake they recognized that this

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mistake had no actual impact on crime or

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concealability of firearms

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possibly they don't say this but

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possibly in part because it was

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recognized that this whole

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short-barreled rifle thing is a farce

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from the very beginning because the the

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one element that it's supposed to

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protect against people cutting down

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cutting down rifles to make handguns is

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completely moot because there is no tax

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or prohibition on handguns

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so the response the first time this sort

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of mistake happened was to acknowledge

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the problem and recognize that it wasn't

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really actually a problem and amend the

00:10:37

law to let people keep the stuff that

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they had that they weren't doing

00:10:41

anything wrong with

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today we ought to do the exact same

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thing I would like to propose that there

00:10:47

is in fact one very simple very

00:10:50

straightforward and what ought to be

00:10:51

clearly obvious solution to this entire

00:10:54

arm brace debacle and that solution is

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take shortved rifles short build

00:10:58

shotguns and any other weapons off of

00:11:01

the NFA there is in fact no reason for

00:11:04

them to be there there has been no

00:11:05

reason for them to be there since the

00:11:07

law was passed 89 years ago now

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obviously we live in a very polarized

00:11:12

political Society I'm sure 50 percent of

00:11:14

the people out there who see this well

00:11:17

I'm sure one side of the political

00:11:19

spectrum is going to hear that argument

00:11:21

and say absolutely of course that's

00:11:23

clearly what we should do and the other

00:11:25

half is going to say no we shouldn't

00:11:26

these things are

00:11:28

in in some way a detriment to society

00:11:30

they're a danger

00:11:31

I propose that the only rationale for

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keeping these guns is an idea that

00:11:36

handguns should also be banned and that

00:11:39

further classes of firearms should in

00:11:41

fact be banned something that the

00:11:43

Supreme Court and the Second Amendment

00:11:45

don't actually allow under our form of

00:11:47

government

00:11:48

however I would also point out that like

00:11:51

I said a moment ago the Congressional

00:11:53

research service says there are between

00:11:54

10 and 40 million of these pistol braces

00:11:57

out in private hands if these are

00:12:00

actually a problem law enforcement needs

00:12:03

to do something to get them however ATF

00:12:05

has said that it does not expect to

00:12:07

expend any any substantial investigative

00:12:10

enforcement Authority on collecting them

00:12:13

and so we have a rather hypocritical

00:12:16

situation here of if they are a danger

00:12:19

they

00:12:20

ought to be like this law ought to be

00:12:22

enforced and they should be rounded up

00:12:24

and and taken in

00:12:27

because they're a danger but if they're

00:12:28

not going to be well if they're not a

00:12:30

danger then there's no real need to

00:12:31

collect them right which is what the ATF

00:12:33

has said it's going to do

00:12:35

frankly it's pretty obvious that they're

00:12:37

not a problem there are tens of millions

00:12:39

of these things out there and tell me

00:12:41

the last time you saw more than maybe

00:12:43

one crime that was committed using them

00:12:45

instead I would propose that by removing

00:12:49

these classes of firearms from the NFA

00:12:51

ATF can take its somewhat limited

00:12:54

resources and apply them to Legal

00:12:56

penalty or violations of the law crimes

00:12:59

that actually have victims that are

00:13:01

actually negatively impacting our

00:13:03

society and that is not

00:13:05

the fact that this is due special

00:13:09

regulation compared to either that

00:13:13

or that this is a nonsense law that is

00:13:16

left over from an attempted legislation

00:13:19

that didn't actually happen

00:13:21

so if you would prefer to see ATF

00:13:23

actually following up on crimes like

00:13:27

gun smuggling by drug Runners into

00:13:29

Mexico

00:13:30

something that is worth their time and

00:13:32

effort and that they can do a good job

00:13:33

on they shouldn't be wasting their time

00:13:37

trying to track down pistol braces this

00:13:40

actually isn't a pistol race this is

00:13:41

actually a registered short-bailed rifle

00:13:43

and has been because I wanted the actual

00:13:46

appropriate stock on it anyway

00:13:50

um I know I don't normally get political

00:13:52

on this channel and I would like to

00:13:54

think that this really isn't a political

00:13:57

question or it shouldn't be a political

00:13:58

question because this is a pretty

00:14:01

self-evident

00:14:03

problem or lack of problem in some ways

00:14:06

um I recognize that people have

00:14:07

entrenched opinions on things and it can

00:14:09

be very difficult to reevaluate in an

00:14:11

opinion to what feels like surrendering

00:14:14

it to the other side

00:14:16

but what we have here is an opportunity

00:14:18

for 10 to 40 million Americans to not

00:14:23

become felons by Fiat overnight and also

00:14:26

for ATF to be able to rededicate its

00:14:28

resources to the problems that are

00:14:30

really problems anyway we'll be back

00:14:33

tomorrow with a really cool for now

00:14:35

connection I believe tomorrow is a 1913

00:14:37

German World War One Parabellum machine

00:14:39

gun which is really quite cool uh

00:14:41

hopefully uh you've got some value out

00:14:44

of this hopefully I mean I won't see a

00:14:47

huge likelihood for it given our

00:14:49

political climate today but it would be

00:14:51

really nice if we could do the obvious

00:14:53

Common Sense thing

00:14:54

and take these these classes of firearm

00:14:57

out of the NFA where they shouldn't have

00:14:59

been in the first place thanks for

00:15:01

watching

Description:

https://utreon.com/c/forgottenweapons/ https://www.patreon.com/ForgottenWeapons http://www.floatplane.com/channel/ForgottenWeapons Cool Forgotten Weapons merch! https://www.varusteleka.com/en/category/forgotten-weapons-merchandise/2852 The simple truth is that short rifles and short shotguns were never a problem, and continue to not be a problem today. The 1934 National Firearms Act originally wanted to restrict handgun ownership, and the clauses relating to SBRs and SBSs were simply to close the loophole of a person cutting down a rifle or shotgun to get around a handgun prohibition. That handgun (effective) prohibition was removed before the legislation was passed, but the SBR/SBS parts were left in. And thus for 89 years we have has the ridiculous legal situation in which a handgun is fine, a long gun is fine, but something in between is prohibitively regulated. One major change to the NFA came in 1968, when the minimum legal barrel length for rifles was dropped form 18 inches to 16 inches. Why? Because the government had already sold a quarter million M1 Carbines - with illegally-short barrels - to private citizens, thus rendering them all felons. Instead of trying to enforce a clearly irrational law, Congress reduced the barrel length stipulation. With this issue once again coming to a head over pistol braces, it is time to finally solve the problem and end this nonsense. Short barreled rifles and short barreled shotguns (and AOWs) should be removed from the NFA entirely. Their regulation is a waste of law enforcement's time and a massive bureaucratic burden on individual citizens, who are faced with felony convictions and 10 year prison sentences for utterly harmless actions. Contact: Forgotten Weapons 6281 N. Oracle 36270 Tucson, AZ 85740

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