Q Honey Badger Pistol Now an SBR According to ATF Letter
October 6, 2020
Honey Badger owners could face major fines and criminal penalties if they don’t take immediate action to disassemble their pistols after the Bureau of Alcohol, Tobacco, Firearms, and Explosives ruled that the popular firearm, manufactured by Q, LLC, is actually a short-barreled rifled (SBR).
Q sent a notice to their customers stating that the ATF issued a cease and desist order that the company immediately halt production of the pistols. The notice lists the possible penalties against Honey Badger owners if they don’t immediately disassemble their pistols and gives immediate steps to take in order to stay compliant with the ATF’s ruling.
We previously covered how a congressman from Flordia is pressuring the ATF on making braces an NFA item.
Next Steps
The penalties, and Q’s recommendation to Honey Badger owners, is as follows:
Q encourages possessors of the Honey Badger Pistol to take these proactive measures until a resolution is reached between Q and ATF.
- Complete one of the following:
A: 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
B: 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
- 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.
Q Responds
Q hired law firm Wiley Rein, LLP to issue a response to the ATF’s cease and desist order. The response challenges the legality of the ATF’s ruling, saying that the decision was “capricious” and that it conflicts with a previous determination on using a bracing device to create stability when firing the HoneyBadger.
According to the response letter, the ATF decided that the bracing device is “intended to be fired from the shoulder.” Q argues that the brace is “an orthotic device designed and intended to provide a shooter with the ability to more safely use a heavy firearm,” and doesn’t meet the historic standards of being a shoulder-fired firearm.
“…the Firearms and Ammunition Technology Division (“FATD”) has previously concluded, on multiple occasions, that firearms equipped with similar stabilizing braces are not designed and intended to be fired from the shoulder,” Q said in its response letter to the ATF. “ Moreover, ATF has not promulgated regulations or other publicly available guidance documents that purport to establish a standard upon which such a determination could be based.”
Even though Q says they plan to fight the ruling, they ask their customers to comply immediately with the steps outlined above to avoid possible criminal penalties. They also urge firearms owners to reach out to the ATF and Department of Justice to protest the ruling.
“Q takes extreme care to remain in compliance with federal law, and we share your frustration with this development,” said Q CEO Adam Johnson. “We apologize for this situation and want to assure you that we, in conjunction with SB Tactical and the National Rifle Association, are doing everything in our power to resolve this matter amicably for all parties involved.”
Analysis
It remains to be seen how this will affect all “pistol braces.” It could set a precedent for classifying all braces as NFA items, much like the bump stock ruling. Or it could be that this only affects Q since the brace is proprietary to the Honey Badger. Based on the statement from the ATF, the ruling could be in how Q is advertising the products.
Since the ATF requires each manufacturer to submit a letter for approval for each brace, it could be limited.
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.