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Update on pistol brace?

84,858 Views | 789 Replies | Last: 5 mo ago by Red Pear Realty
AgResearch
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tandy miller said:

Look at item iv. That's how I read it, though I admittedly may be wrong


My, likely wrong assumption, is buffer tube with padding is "bad" as it increases surface area. Plain buffer tube ok as it's normal pistol function.

The pdf they released with pictures does not show any plain buffer tubes as examples of their new definition.
RGRAg1/75
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schmellba99
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Proc92 said:

Seems like a good place for the House of Representatives to look at defunding an agency.


That would take politicians having a spine.

So, basically....you dream Proc92. Yo dream.
BrazosDog02
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Can someone explain how the ATF, as a non legislative body, that self explains their purpose is to enforce gun laws and promote lawful ownership, can generate "rules" which then can be enforced? Never mind the fact that in the documentation I see it literally says summarized "your pistol that was a pistol with a brace is now a short barreled rifle if the pistol has a brace" is an arbitrary definition…


How is any of this enforceable? How does this ever come to pass? How does a body pencil whip a rule at whim that is magically enforceable by..whomever enforces it???
Pasquale Liucci
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Am I a moron or is it not a no brainer to take the money and run - if one was to have a few braces pistols laying around because they didn't want to hassle with SBR, wouldn't you just SBR it now under the existing window?
lp01
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This was one of my questions too
tandy miller
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Some do t want the gun in a registry, and crossing state lines could become a concern. I will do it on my 22 charger, but was probably going to F1 that gun regardless
Pasquale Liucci
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I get that but so many people have Form 1/Form4 items already. I mean to say that that horse was out of the barn long ago. I mean I respect any individuals desire for staying off a list but NFA forms are pretty germane in regards to most gun owners. How many legal SBR and suppressor owners are there? Something I need to fully weigh out for sure
tandy miller
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Captain Charles Vane said:

I get that but so many people have Form 1/Form4 items already. I mean to say that that horse was out of the barn long ago. I mean I respect any individuals desire for staying off a list but NFA forms are pretty germane in regards to most gun owners. How many legal SBR and suppressor owners are there? Something I need to fully weigh out for sure


Yeah I already have 2 SBRs. I think it's mainly people that bought from individuals. Their argument is the ATF could come and take all their NFA items but they could hide that "one" since it's theoretically not on the books.

I agree with you. I look at it as "I already have 2, they know who I am and could find me, what's one more." Plus I don't break the law. The risk of noncompliance is too great in my opinion. I'm not going to jail over a ****ing .22 pistol
AggieT
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Quote:

ACTION: Final rule.

SUMMARY: The Department of Justice ("Department" or "DOJ") is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") to clarify when a rifle is designed, made, and intended to be fired from the shoulder. Specifically, under the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA") the definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a "stabilizing brace") that provides surface areathat allows the weapon to be fired from the shoulder, provided other factors, as described in this preamble and in the amended regulations, indicate that the weapon is designed, made, and intended to be fired from the shoulder.

DATES: Effective date: This rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
It doesn't appear to be effective yet. Probably sometime next week.

Probably would hurt to have a few extra lowers laying around by Monday and see how this plays out.
jrb2019
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I have a real problem forcing people to register firearms formerly believed to be perfectly legal and outside the purview of the NFA. No question, people went the brace route to avoid the tax, not have a firearm on the NFRTR and have the flexibility to transport across state lines without asking for permission. To now force people to add them to the NFRTR (if they want to keep them in their current configuration) and play the NFA game is ridiculous at best.

Also, outside of actual machine guns, what is the market for used SBRs? There is no used suppressor market, because why go through the painful process for used when I have to do the same for new. The value of braced pistols just dropped like a rock, especially higher ended ones.

The ATF opened this box up over 10 years ago and the only people affected by the rule are good, law abiding citizens. Braced pistols are clearly "in common use" today and public safety has not suffered (they highlighted 2 mass shooters using braced weapons). This is going to take years to play out and waste millions of dollars in courts.
Pasquale Liucci
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I think this is where I'm at. Also you're kidding yourself (not speaking to you in particular, that's a collective you) if you think that the alphabet boys need a form for a tax stamp to get you on a list.

If the confiscation ever comes, they will have enough I'll gotten data to know where to look and your constitutional rights won't stop them
Bpriefert
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Crazies.
AggieT
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On a similar note, what if a lower receiver is purchased before the effective date, and a pistol build kit has been shipped but not received?

When is the thing considered constructed? Constructive possession?
Morpholino
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What a complete disaster this ruling is and is going to be.
samurai_science
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drummer0415
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It sounds like you have until the date the rule is published into the federal register to have the lower in your possession. That is likely to be one day next week.
samurai_science
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jrb2019 said:

I have a real problem forcing people to register firearms formerly believed to be perfectly legal and outside the purview of the NFA. No question, people went the brace route to avoid the tax, not have a firearm on the NFRTR and have the flexibility to transport across state lines without asking for permission. To now force people to add them to the NFRTR (if they want to keep them in their current configuration) and play the NFA game is ridiculous at best.

Also, outside of actual machine guns, what is the market for used SBRs? There is no used suppressor market, because why go through the painful process for used when I have to do the same for new. The value of braced pistols just dropped like a rock, especially higher ended ones.

The ATF opened this box up over 10 years ago and the only people affected by the rule are good, law abiding citizens. Braced pistols are clearly "in common use" today and public safety has not suffered (they highlighted 2 mass shooters using braced weapons). This is going to take years to play out and waste millions of dollars in courts.
The lawsuits will be swift, so you can expect a stay of this rule.
samurai_science
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samurai_science
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GOA released this, they are much better run org than the NRA, if people are looking for a group to support.

Guitarsoup
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Bought a couple braces at SB Tactical today. Figure they are going to have some high legal bills in the upcoming months/years.
lp01
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In watching the Guns and Gadget video posted before, he does a good summary at the 1:07:00 mark. Sounds like if you had everything before yesterday, you fall under the amnesty period. If it comes after yesterday, they could take action since notice was given then. However, they are going to give 60 days grace for those that were manufactured, shipped, etc. after the notice came yesterday.

What a complete cluster.
Guitarsoup
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BrazosDog02 said:

Can someone explain how the ATF, as a non legislative body, that self explains their purpose is to enforce gun laws and promote lawful ownership, can generate "rules" which then can be enforced? Never mind the fact that in the documentation I see it literally says summarized "your pistol that was a pistol with a brace is now a short barreled rifle if the pistol has a brace" is an arbitrary definition…


How is any of this enforceable? How does this ever come to pass? How does a body pencil whip a rule at whim that is magically enforceable by..whomever enforces it???

From the ATF's Brace ruling:

The GCA also defines the term "handgun" as "(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand


Let's look at the ATF's website on how they train their agents to shoot:


HOLD ****, THATS A RIFLE! SHE IS USING BOTH HAND!

After the Cargill v Garland ruling in the 5th Circuit, this will easily lose in court.
tandy miller
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You're probably right, but some people will acquiesce before it gets reversed who wouldn't have SBR'd otherwise for reasons previously mentioned
tandy miller
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You can still order a braced pistol on palmetto. I wonder how that works if you order now but it does t co
E in till after this becomes official?
Tom_Fox
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Just ordered a braced mpx pistol on gunbroker and they shipped it overnight within an hour.
BrazosDog02
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tandy miller said:

You can still order a braced pistol on palmetto. I wonder how that works if you order now but it does t co
E in till after this becomes official?


Can't speak for everyone but I'd just keep my mouth shut.
javajaws
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Any more news on whether or not the free $200 stamp will only be for individuals and not Trusts? That's probably my biggest concern right now. I've got quite a few braced pistols and if I have to SBR them I want them on my trust, not me directly.
tandy miller
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They are just for individuals. My understanding is you'd have to form 4 it into your trust or other entity
FTAG 2000
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javajaws said:

Any more news on whether or not the free $200 stamp will only be for individuals and not Trusts? That's probably my biggest concern right now. I've got quite a few braced pistols and if I have to SBR them I want them on my trust, not me directly.


No free stamps for trust. You have to register the weapon individual and then transfer into trust when you get it.
javajaws
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...and what if the pistol today is already owned by the Trust? I'm sure I know the answer to that...just want to (again) point out the idiocy of the ATF.
AggieT
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Just talked to Willi Law firm to set up a trust. They said to just pay the $200 and go straight to the trust. No reason to do the free stamp and then form 4 to the trust. Also said all items would have to be owned before 1/13 according to ATF. I pressed a little on this and asked about the effective date and federal register, and she said that further ATF guidance is 1/13.

Didn't ask about items already in a trust since I'm just now getting one, but I would assume that the owner, whether a trust or individual would get the free stamp.
El Chupacabra
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Trust faqs.

Question 12

https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download


Page 16 question 27

https://www.atf.gov/rules-and-regulations/docs/undefined/eformone-externalguidancewithqapdf/download



My question, what constitutes ownership or possession in a trust? Is that simply adding it to an amendment and notarizing?
reagan1k
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Does an old trust currently holding NFA items allow for easy filing of SBR form 1 paperwork, or does one have to start over with new responsible party verification?
tandy miller
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I think you could pay the 200 and put it into trust
 
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