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ATF issues Cease & Desist to Q over Honey Badger "pistol"


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Q Press Release

 

Quote

Dear Customer:
 

On August 3rd, 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) issued Q® a formal Cease & Desist letter, notifying us that ATF has taken the position that the Q Honey Badger Pistol is a short-barreled rifle (“SBR”) regulated under the National Firearms Act (“NFA”).  In response, Q has ceased all production of the Honey Badger Pistol, and submitted a comprehensive letter to ATF and the Department of Justice (“DOJ”) stating why we disagree with this classification[1]. Additionally, we have provided recommendations on how to address the firearms already in circulation. Q is seeking solutions that best protect you, the individual, and Q’s distribution network from falling out of compliance with ATF regulations, and federal law.  At this time, Q has not received any definitive guidance from the ATF.

 
In the meantime, Q encourages possessors of the Honey Badger Pistol to take these proactive measures until a resolution is reached between Q and ATF.

 

  1. Complete one of the following:
     
    1. Remove the barreled upper receiver from the lower receiver and dedicate it as a replacement
      for another AR-style pistol or registered short-barreled rifle; or

       
    2. If you do not possess another AR-style pistol or registered short-barreled rifle, remove the barreled upper receiver from the lower receiver and temporarily transfer it out of your possession by, for example, transferring it to the dominion and control of another individual; and
       
  2. Once the previous step is completed, you may file an ATF Form 1 to register the lower receiver as a short-barreled rifle.  Upon Form 1 approval, the firearm may be reassembled.

 
Failure to complete option a or option b could result in prosecution and is subject to a $10,000.00 fine and up to 10 years imprisonment.
 
If you are concerned with this situation - as Q is - we urge you to contact the Department of Justice (ATF’s parent agency) by using the below OneClickPolitics link.

 
Additionally, we encourage you to reach out to the White House and ask President Trump to halt and rollback ATF’s efforts to issue arbitrary and capricious decisions affecting millions of legal gun owners.

  • White House Comment Line:
    • (202) 456-1111 / Email


Residents from the following states and districts should reach out to their congressional representatives to let them know what they think of ATF’s actions:

 

 

  • Kansas – Sen. Jerry Moran (R) – Chairman of the Subcommittee on Commerce, Justice, Science, and Related Agencies (CJS) which is responsible for funding the ATF.
    • (202) 224-6521 / Email

 

  • South Carolina – Sen. Lindsey Graham (R) – Chairman of the Senate Judiciary Committee, which is responsible for ATF oversight.
    • (202) 224-5972 / Email

 

  • Ohio 4th District - Congressman Jim Jordan (R) – Ranking member on the House Judiciary Committee which has jurisdiction over 2nd amendment issues. https://jordan.house.gov/
    • (202) 225-2676 / Email

 

           

Q takes extreme care to remain in compliance with federal law, and we share your frustration with this development.  We apologize for this situation and want to assure you that we, in conjunction with SB Tactical® and the National Rifle Association (NRA®), are doing everything in our power to resolve this matter amicably for all parties involved.

 
 
Regards,

72905c5e-502e-4f35-8d50-37170d89c7d5.png
Adam Johnson, CEO

 

 

ATF Letter to Q

 

 

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Although I did not agree with the bump stock , I did kinda see their point in banning them.  But the SBR and pistol brace makes even less sense.  Even without the brace attached, the buffer tube could be used as a brace itself against the shoulder i would guess, almost as good as an  add on brace.  The lines between SBR and pistols in AR are so stupid as to be conflicting and nonsensical.  The ATF has long issued stupid dulings that are not law but can be used to imprison folks, and issues stupid rulings that braces are ok, that also don't have the force of law.  WTH? Its time someone reined in the ATF sharply, or disbanded it altogether.

Edited by Defender
  • Like 4
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7 minutes ago, Defender said:

Although I did not agree with the bump stock , I did kinda see their point in banning them.  But the SBR and pistol brace makes even less sense.  Even without the brace attached, the buffer tube could be used as a brace itself against the shoulder i would guess, almost as good as an  add on brace.  The lines between SBR and pistols in AR are so stupid as to be conflicting and nonsensical.  The ATF has long issued stupid dulings that are not law but can be used to imprison folks, and issues stupid rulings that braces are ok, that also don't have the force of law.  WTH? Its time someone reined in the ATF sharply, or disbanded it altogether.

If murdering 25 children didn't get them disbanded, nothing will. 

 

  • Like 8
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An unelected person can make rulings that put me in jail, did not the Founding Fathers warn us about this very thing?

  • Like 2
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The ATF is useless. Their only purpose is to infringe on people's rights. Its an entire agency designed to infringe on your rights. The whole concept of giving a firearm a legal definition based on a finite guidelines when there are infinite variables at play in designing one is functionally retarted. Thats why they have these issues. Thats why its dumb to even try and regulate firearms based on them. 

Edited by Mseals22
a word
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1 minute ago, Mseals22 said:

The ATF is useless. Their only purpose is to infringe on people's rights. Its an entire agency designed to infringe on your rights. The whole concept of giving a firearm a legal definition based on a finite guidelines when there are infinite variables at play in designing one is functionally retarted. Thats why they have these issues. Thats why its dumb to even try and regulate firearms based on them. 

Look at California compliant "Assault Rifles". It's literally a government induced mutation/mutilation. It's easy to spot too because it's so damn hideous. Just imagine all the other things in life that are mutated/mutilated due to government but it cannot be seen/conceptualized because it's hidden behind abstraction... 

 

  • Like 1
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1 hour ago, RED333 said:

An unelected person can make rulings that put me in jail, did not the Founding Fathers warn us about this very thing?

The Founding Fathers didn't anticipate Congress delegating their lawmaking authority to enable a three day work week with lots of "district work periods".

Edited by btq96r
  • Like 3
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We saw this coming. I don’t believe a desk jockey at the BATF should be allowed to make judgements that could land a person in jail. We saw it with bump stocks and we saw with braces. Do they violate the letter of the law? The courts or congress will decide that, but they clearly violate the intent of the law.

They make these ridiculous decisions, and then they put a statement on their web site that they do not carry the rule of law. So in other words, you are own your own, you are at the mercy of the legal system whenever it becomes an issue.

Gun owners are more than happy to get onboard with decisions they like; even when common sense tells them it’s a violation. You need to be crystal clear on what you are doing.

AR Pistols are being cranked out everyday. They are SBR’s, that’s fine, then they can remove them from the NFA while they are removing suppressors.

  • Like 2
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Am I missing something? How is this piece any different than the many other AR pistol with brace configs being made? Why was it singled out?

- OS

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17 minutes ago, Oh Shoot said:

Am I missing something? How is this piece any different than the many other AR pistol with brace configs being made? Why was it singled out?

- OS

I was looking at the same thing too. . it does look a little different than a regular SB Brace and collapses a little shorter (I dont even know if that matters). I was reading on another forum and someone on it was saying that the reason it was singled out is in its description provided by Q to the ATF did not state its intended use as a brace. But hell who knows. To me its fundamentally like all other SB braces including the two that I own. I just hope in defending the Honey Badger SB Tactical doesn't drag all the others in by saying this one is no different from the ones you they are allowing. 

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33 minutes ago, Oh Shoot said:

Am I missing something? How is this piece any different than the many other AR pistol with brace configs being made? Why was it singled out?

- OS

So I've been reading in some places that SB Tactical is making this brace for Q.   It is made by SB but is a Q product.  Q never got an approval letter from the ATF for it but instead was just thinking that SB Tactical's existing approvals would suffice.   SB never submitted this brace because it isn't one of their products.   So because there was never any approval for the brace itself, there was never any approval for the "pistol" as a whole.  

  • Like 2
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28 minutes ago, Capbyrd said:

So I've been reading in some places that SB Tactical is making this brace for Q.   It is made by SB but is a Q product.  Q never got an approval letter from the ATF for it but instead was just thinking that SB Tactical's existing approvals would suffice.   SB never submitted this brace because it isn't one of their products.   So because there was never any approval for the brace itself, there was never any approval for the "pistol" as a whole.  

Gotta love bureaucracies. 

  • Like 1
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Is it customary for ATF field agents to make such sweeping proclamations, regardless of being a special agent in charge?  

Edited by Garufa
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  • 2 weeks later...
On 10/7/2020 at 7:09 PM, Omega said:

GOA has a write in campaign to Trump to reign in the ATF and garner support to remove SBRs from their purview. 

https://gunowners.org/na10072020/

The same trump that took away bumpstocks and didnt even bother to reimburse us for them...yeah lemme hold my breath on that one...why anyone still thinks hes pro-gun is beyond me.

  • Like 3
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24 minutes ago, Magiccarpetrides said:

The same trump that took away bumpstocks and didnt even bother to reimburse us for them...yeah lemme hold my breath on that one...why anyone still thinks hes pro-gun is beyond me.

Don't disagree on that statement, but he is definitely less hostile towards 2A than Biden's plan he has posted on his website.   Link below.   

https://joebiden.com/gunsafety/

 

 

  • Like 1
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28 minutes ago, Magiccarpetrides said:

The same trump that took away bumpstocks and didnt even bother to reimburse us for them...yeah lemme hold my breath on that one...why anyone still thinks hes pro-gun is beyond me.

The thing about Trump, is that he will do what he says.  It's up to us to persuade him to see things as we do, so when things like this come up he will act according to our side of things, and the Constitution.  We will win some, and lose some, and like with the bumpstocks you will have some gun owners support the loses because they didn't like them.  

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