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PISTOL BRACE

And it's implied that they may determine even a bare buffer tube can be intended to be shouldered, if they think other characteristics of the firearm suggests intent to shoulder (meaning things like a magnified optic). So apparently even a pistol with a plain buffer tube with no attachment might be an SBR now:




The assertion that the presence of a rearward component like a buffer tube coupled with the use of phrases like "may not be designed, made, or intended," and "could indicate that a firearm is not designed and intended" means other factors can be considered in determining intent and leaves them a ton of room for interpretation.

If an AR pistol with a bare buffer tube "may not be" an SBR because of how it's set up, in stands to reason that there are cases where it might absolutely be considered an SBR by ATF under their new rule.

And they've said they are not giving out blanket interpretations, or determinations based on photographs, but instead will only give determinations on individual firearms if you send them to ATF for evaluation.

I'm sure some will read the above quoted passage, give ATF the benefit of the doubt, and assume they would never charge someone for pistol with a bare pistol buffer tube, but to me it seems that they are intentionally leaving themselves room to do exactly that.
Oh somewhere in there it explicitly states something about them being able to prosecute for intent just because you have the parts, even if they ain’t mated up and you got some in the basement and some in the attic or some shit then they can get you in intent because you bought them to intend to put together. Lmao. So yeah they wrote it with the intent on it being this ambiguous so they can decide to prosecute people on made up shit, if they feel like it meets whatever their interpretation of illegal is for that day. Shit needs to be black and white. I’m sure the courts will agree, at some point. But how long is that gonna take?
 
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I’d love for this to get smacked down and take the entirety of the NFA with it. Wishful thinking, but hopefully there are at least lawsuits that lead to an injunction on the AFT rule while it makes its way through the courts.

Wishful thinking, I know.
 
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But, I have several guns and spare parts, which 'could' be reconfigured to be illegal, but also have valid, legal configurations?

This gets back to that whole story about the game warden who wanted to charge the women because the boat had a fishing pole in it but no license, but she said she could charge him with rape because he had a penis and could.
 
But, I have several guns and spare parts, which 'could' be reconfigured to be illegal, but also have valid, legal configurations?

This gets back to that whole story about the game warden who wanted to charge the women because the boat had a fishing pole in it but no license, but she said she could charge him with rape because he had a penis and could.
Love it.
 
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But, I have several guns and spare parts, which 'could' be reconfigured to be illegal, but also have valid, legal configurations?
You should become familiar with:

United States v. Thompson-Center Arms Company, 504 U.S. 505 (1992)

I suspect the ATF is going to not tell you they already lost that case very clearly.
But that's your supreme court ruling that the evil ATF will have to abide by and most courts will tend to follow that opinion.
 
Option 1- Don't comply.
Option 2- Destroy firearm before 120 days is up.
Option 3- Sell firearm before 120 days is up.
Option 4- Replace short barrel with 16"+ barrel.
Option 5- Remove brace.
Option 6- Register with Form 1-Individual.
Option 7- Register with Form 1-Trust.
Option 8- You are handicapped and need a brace. Still trying to verify this.....
Option 9- ??

I was curious and logged into my Eform account and started to do a Form 1 Trust. When I clicked on Form 1 it does bring me to another site specifically for this new rule. Luckily I have a few mug shots to upload and extra finger printed cards laying around. Sucks but I fear it will hold.

Not sure if anybody mentioned but you can only do a Form 1-Trust if said firearm is already owned by a Trust otherwise Form 1 Individual is your only option if you're picking Options 6 or 7.
 
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(if anyone has one)

From BuckeyeFirearms:


Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.

Gun owners must use e-Forms to file for the tax stamp. Only individuals would qualify for the tax stamp on devices with pistol stabilizing braces. If someone wanted to put the firearm into a trust, they must first register as an individual and then pay the $200 transfer fee to transfer it into a trust. Many people who own NFA items prefer having their firearms in a trust.

Some states do not allow for SBRs. Gun owners in those states do have options.
 
If this hold up, millions of Americans will knowingly or unknowingly not comply, some becoming unwitting felons.
 
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If this hold up, millions of Americans will knowingly or unknowingly not comply, some becoming unwitting felons.
That might be a good thing. It will wake up some of the do-nothing-ain't-gonna-take-my-gun-from-me-I'll-head-for-the-hills crowd.

For too long, lots of gunowners have sat on the sidelines and done nothing. I use to work a lot of gun shows with an information desk to get people involved in the 2A fight.

When confronted with the need to write their elected representative, the reply was usually, "If I do that, then they are gonna know where I live."

I'm not joking and you could never make this up. The same people that talked tough about never giving up their guns would shudder at the thought of writing their congress critters.

When I got the "they're gonna know where I live" statement, I'd ask them if they pay taxes.

They would look at me like a dog watching Rachel Madcow on television. Then after a response time that you could measure with a calendar, they'd look at me and say, "what's taxes got to do with it?"

I would have thought that the stolen 2020 election and Covid farce would get a lot more people fired up but that hasn't happened. Only when they lose their home and locked up will they wake up.
 
Option 1- Don't comply.
Option 2- Destroy firearm before 120 days is up.
Option 3- Sell firearm before 120 days is up.
Option 4- Replace short barrel with 16"+ barrel.
Option 5- Remove brace.
Option 6- Register with Form 1-Individual.
Option 7- Register with Form 1-Trust.
Option 8- You are handicapped and need a brace.
Option 9- ??

I was curious and logged into my Eform account and started to do a Form 1 Trust. When I clicked on Form 1 it does bring me to another site specifically for this new rule. Luckily I have a few mug shots to upload and extra finger printed cards laying around. Sucks but I fear it will hold.

Not sure if anybody mentioned but you can only do a Form 1-Trust if said firearm is already owned by a Trust otherwise Form 1 Individual is your only option if you're picking Options 6 or 7.
Regarding #8.... is this actually a real-life thing? Can some people with disabilities continue to have braced pistols as far as this new ruling, or were disabilities ever a consideration beyond hypothetical?
 
Regarding #8.... is this actually a real-life thing? Can some people with disabilities continue to have braced pistols as far as this new ruling, or were disabilities ever a consideration beyond hypothetical?
This info came from my friend who is handicapped and has maybe 20-40% strength in his hands and is in a wheel chair who owns 2 braced AR's. HOWEVER I could not find ANY info on exceptions for handicapped citizens in this new rule so tread carefully.
 
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Option 1- Don't comply.
Option 2- Destroy firearm before 120 days is up.
Option 3- Sell firearm before 120 days is up.
Option 4- Replace short barrel with 16"+ barrel.
Option 5- Remove brace.
Option 6- Register with Form 1-Individual.
Option 7- Register with Form 1-Trust.
Option 8- You are handicapped and need a brace.
Option 9- ??

I was curious and logged into my Eform account and started to do a Form 1 Trust. When I clicked on Form 1 it does bring me to another site specifically for this new rule. Luckily I have a few mug shots to upload and extra finger printed cards laying around. Sucks but I fear it will hold.

Not sure if anybody mentioned but you can only do a Form 1-Trust if said firearm is already owned by a Trust otherwise Form 1 Individual is your only option if you're picking Options 6 or 7.
I have an email into the ATF regarding trusts and SBR.
I want clarification on whether or not, you can still put a pistol or “other“ lower(not previously on a trust) on a trust at all ever, or is it that that we can’t only during this 120 day “free” grace period?
If we can’t put any SBR on the trust at all anymore, that’s huge.
 
I’d strongly recommend people wait a little bit before applying for a “free” SBR on this. I have some legal and registered NFA stuff and I am not making any hasty decisions on this. I think it’s wise to wait and see what lawsuits drop in the next week or two prior to filling any paperwork out. That’s just my opinion and it’s worth what you paid for it, exactly 1.3746 Flips.
 
I couldn’t figure out their angle on some of this, especially the fact that no one can register these to a trust unless their (then non-NFA) pistol was already in a trust before April 13, but I think I get it now:

Biden gets to toot his horn that he effected some level of gun control/registration, the ATF plays the role of benign benefactor by allowing “tax free SBRs” (how gracious of them), but then still collects a lot of $200 taxes from those that choose to register. But “wait” you say, “the tax stamp is free if you register within the 120 day grace period.” Yes, but you can’t register it to a trust. No one wants to register their NFA stuff as individuals, but they are mandating that for these braced pistols. Why? So they get their $200 when you transfer your shit into your trust later. They’re still getting their $$, just at the back door instead of up front. It’s about money. They’re seeing every brace as a missed chance to collect $200. This is a stop-loss and an attempt to recoup missed revenue.
 
Their FAQ says the guns have to be in the trust before date of publishing with the register - which hasn’t happened yet to my knowledge. But then the efile says it has to be prior to the 13th. What BS.
 
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I couldn’t figure out their angle on some of this, especially the fact that no one can register these to a trust unless their (then non-NFA) pistol was already in a trust before April 13, but I think I get it now:

Biden gets to toot his horn that he effected some level of gun control/registration, the ATF plays the role of benign benefactor by allowing “tax free SBRs” (how gracious of them), but then still collects a lot of $200 taxes from those that choose to register. But “wait” you say, “the tax stamp is free if you register within the 120 day grace period.” Yes, but you can’t register it to a trust. No one wants to register their NFA stuff as individuals, but they are mandating that for these braced pistols. Why? So they get their $200 when you transfer your shit into your trust later. They’re still getting their $$, just at the back door instead of up front. It’s about money. They’re seeing every brace as a missed chance to collect $200. This is a stop-loss and an attempt to recoup missed revenue.
We live in a nation where our Central Bank just adds zeros to the amount of dollars in circulation. I can assure you they don’t give a rat’s ass about making money off of tax stamps. If they did, they would have raised the cost from the 1934 figure. $200 isn’t even a drop in the bucket.

This is absolutely about control. And if they can get even half of the millions of people who own braced pistols to register them, they are able to track where millions of firearms are located, restrict their movement across state lines, and in the majority of cases, prevent their use outside of one individual and significantly reduce instances of transfer to others by making it difficult to put them on your trust. Basically, they MASSIVELY increase the number of names and addresses on their registry.

All this to say, I completely disagree with your take.
 
About money?!?
You know how I know you have no idea how our economy works?
Like people saying the vaccine is about money, I bet it’s a comforting thought. This isn’t little league evil, this is the big show.
 
This is absolutely about control. And if they can get even half of the millions of people who own braced pistols to register them, they are able to track where millions of firearms are located, restrict their movement across state lines, and in the majority of cases, prevent their use outside of one individual and significantly reduce instances of transfer to others by making it difficult to put them on your trust. Basically, they MASSIVELY increase the number of names and addresses on their registry.

All this to say, I completely disagree with your take.
FWIW, I don’t disagree with any of the above.
 
About money?!?
You know how I know you have no idea how our economy works?
Like people saying the vaccine is about money, I bet it’s a comforting thought. This isn’t little league evil, this is the big show.
Before anyone gets too worked up about what I said, I wholeheartedly agree with everything y’all are saying about it being overreach, excessive government control, and one more attempted denial of our rights.
But if they don’t care about the $200, and maybe I’m wrong and they don’t, but if they don’t care, why are they not allowing the trust option? Just seems weird, even for the ATF.
 
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(if anyone has one)

From BuckeyeFirearms:


Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.

Gun owners must use e-Forms to file for the tax stamp. Only individuals would qualify for the tax stamp on devices with pistol stabilizing braces. If someone wanted to put the firearm into a trust, they must first register as an individual and then pay the $200 transfer fee to transfer it into a trust. Many people who own NFA items prefer having their firearms in a trust.

Some states do not allow for SBRs. Gun owners in those states do have options.
Wait, would it be a $200 transfer fee plus the tax stamp...or is the transfer fee the tax stamp?

What if you were already going to build a form 1 SBR can you not still do that?
 
I’m curious also as to what they say about engraving during this 120 free period? SBRs have to be engraved and I have not heard any mention of that so far...
 
I’m curious also as to what they say about engraving during this 120 free period? SBRs have to be engraved and I have not heard any mention of that so far...
No engraving needed. Factory stamping/engraving will suffice they say.
 
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FAQ item 27:

MARKINGS
• If the SBR equipped with a “stabilizing brace” is registered within the 120-day tax forbearance period, the possessor is allowed to adopt the markings on the firearm. The maker’s marking exception is only applicable to firearms that are registered pursuant to the final rule. If the firearm is a personally made firearm, the possessor must mark in accordance with 27 CFR 478.92 & 479.102 prior to submitting the E-Form 1.
 
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Where did you cite this? I could not find if engraving was waived in the 293 page Rule.
From the ATFs power point...
Options.PNG

EDIT: Beat me to it!
 
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Before anyone gets too worked up about what I said, I wholeheartedly agree with everything y’all are saying about it being overreach, excessive government control, and one more attempted denial of our rights.
But if they don’t care about the $200, and maybe I’m wrong and they don’t, but if they don’t care, why are they not allowing the trust option? Just seems weird, even for the ATF.
The $200 only matters as it pertains to you. Same with the wait and bureaucracy, they’re deterrents. They want you to throw it away, become prosecutable, or newly regulate millions of weapons. One of those videos estimated the number of braces in the 10s of millions, each one has become a hot potato. If you register, the number doubles.
 
MARKINGS
• If the SBR equipped with a “stabilizing brace” is registered within the 120-day tax forbearance period, the possessor is allowed to adopt the markings on the firearm. The maker’s marking exception is only applicable to firearms that are registered pursuant to the final rule. If the firearm is a personally made firearm, the possessor must mark in accordance with 27 CFR 478.92 & 479.102 prior to submitting the E-Form 1.
Only applicable to the final rule! What’s the final rule?
 
If you register it you can do whatever you want with it.
Are we sure that is the case? Or are you registering a “pistol braced SBR?”

I find it hard to imagine the govt opening up a giant loophole to exploit. But, I’ve been wrong before…
 
Are we sure that is the case? Or are you registering a “pistol braced SBR?”

I find it hard to imagine the govt opening up a giant loophole to exploit. But, I’ve been wrong before…

Snapping their fingers and converting between 10 & 40 million title 1 handguns into unregistered NFA items with the stroke of a pen is not something I would consider opening up a giant loophole.
 
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Just what I want, an SBR with a pistol brace instead of a stock. 🤮

Yeah, and a $100 hot potato stock that you have to lock up, can’t sell, can’t put in your trust, and might get you prosecuted. Pretty sweet deal.
 
How’s it gonna get you prosecuted? So you are thinking this is entrapment? It’s crossed my mind..
As long as that’s the only AR you have, it probably won’t. But if you have pieces of them laying around, like I do, then you’re at the discretion of whoever is evaluating your property. It’s a bit of a loaded gun, pun intended.

Make everyone a criminal, then the feds can just prosecute whoever they choose.
 
I think the rule not allowing trusts (unless the trust already possesses the pistol) is because if they did, they’d have to allow the transfer from the individual to the trust. No different than a transfer from a gunshop to a buyer.

They have to prevent that if they want to limit the 120 day tax free grace period to already-owned firearms. They want to prevent guys from registering 20 new lowers each as SBRs during the 120 day grace period tax-free.

The biggest question I have after reading alot of this is what is a legal AR pistol? They say specifically they aren’t banning pistol braces, but under what circumstances can you have a brace on your pistol?