TexasCHLforum.com

I have a much larger problem with this ruling than I have seen mentioned anywhere else so far. Well, anywhere except on a satire site (duffel blog I think) and they applied the logic of my problem without ever stating it.

This is a really bad legal precedent to set. So far, the design of the object, including any physical modifications, has always been the determining factor in whether a device was regulated or not. Yes, they have always said that if I had a collection of parts that could be assembled, I had a regulated weapon but even that is a function of the design of the parts.

This is the first time that the actual use of something, without making any change in the physical design, is the determining factor on regulation. Does this mean the ATF agent or police officer has to see me shoulder it? Or could they say someone saw me do it and therefore my possession is illegal? Or the fact that I could shoulder it means it is regulated?

As the blog mentioned, if I have an AR pistol without a shoulder brace, but with a 30 round magazine, do I have a pistol or an SBR or AOW? Remember that a vertical foregrip is one of the determining factors on that question. If I put my second hand on the magazine, is it now a vertical foregrip?

One time use is a very poor factor for determining if the item is forever a regulated item or not. And it is very bad precedent to set now.