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Update on pistol brace?

96,724 Views | 797 Replies | Last: 6 mo ago by tandy miller
Mr. Dubi
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I have done a couple searches recently, but haven't seen anything.
ShouldastayedataTm
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It got pushed out to January at least. With the redefinition of the frames and receivers that dropped instead after the hearing on the 28th, the brace rule got pushed out into January.
lp01
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AG
Are you aware of any good links or sites that discuss this in plain language? I'm reading all of the stuff from the ATF site, but it makes me go cross-eyed.

Also, assuming some of this is related to the recent case here in Texas, right?
Eliminatus
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AG
My understanding is that it is just a waiting period for formality and it is a done deal. Braces being reclassified to restricted stuff now.

Is that right?
Average Joe
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AG
Will there be a grandfather clause, or do I need to make some plans to disassemble some rifles...err...pistols.
ShouldastayedataTm
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Most of the research and sites I have been to are biased one way or another. Mostly against the ban and pro 2A, as they at least generally give the details of rule. The pro ban sites and youtube videos tend to leave out the facts of the rule and stand on the old and untrue "safety" bs.
Long story short the brace rule has been pushed out, likely in my opinion, to allow for a redefinition like they pulled with the brace rule on the 28th. The current rule will not stand up to a legal challenge, much like the frames and reciever rule originally released is getting killed in the courts and has the ATF on their backs. The new definition of the rule makes the frames and receivers require a serial number regardless of parts, templates, or jigs. It is a literal redefinition of a firearm as listed in the GCA. I am betting they are trying to come up with a new definition for an SBR that will include pistol braces as stocks.
tandy miller
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AG
Average Joe said:

Will there be a grandfather clause, or do I need to make some plans to disassemble some rifles...err...pistols.


They're gonna give you a free stamp
dtkprowler
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AG
tandy miller said:

Average Joe said:

Will there be a grandfather clause, or do I need to make some plans to disassemble some rifles...err...pistols.


They're gonna give you a free stamp
tandy miller
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AG
The big question is whether they will let you keep the brace on while you wait for that free stamp.

dtkprowler
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AG
tandy miller said:

The big question is whether they will let you keep the brace on while you wait for that free stamp.




Keep your imaginary safety stamp and leave me alone
tandy miller
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AG
Okay
Average Joe
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AG
tandy miller said:

Average Joe said:

Will there be a grandfather clause, or do I need to make some plans to disassemble some rifles...err...pistols.


They're gonna give you a free stamp
If they can give out free stamps then maybe we shouldn't have them in the first place.
aggieforester05
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AG
It's an idiotic rule that makes no one safer. It only turns law abiding citizens in to felons overnight. The ATF and their mission is completely unconstitutional and merely used to punish political opposition of Democrats.

That being said, I doubt they'll ever charge anyone for only possessing a braced pistol. It will be used as tack on charges for those accused of other felonies. That way it will be used in plea bargains and they don't have to worry about a jury trial setting precedent or a guilty verdict working it's way up through the appeals and maybe even SCOTUS damaging the foundation of the NFA. The ATF and DOJ is sleazy like that. They're very careful not to prosecute cases which could ultimately lead to them losing enforcement power wielding clearly unconstitutional laws/rules.

They'll also use it to stop proliferation of a popular sporting rifle that left wing morons deem evil and scare those that already purchased them legally in to keeping them out of sight or registering them via tax stamp.
txyaloo
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Average Joe said:

tandy miller said:

Average Joe said:

Will there be a grandfather clause, or do I need to make some plans to disassemble some rifles...err...pistols.


They're gonna give you a free stamp
If they can give out free stamps then maybe we shouldn't have them in the first place.
They've been able to give out "free" stamps for decades and have several times.

The President can call an NFA amnesty at any time. I was hopeful Trump would call one when he was elected but that ended quickly.
txyaloo
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AG
aggieforester05 said:

It's an idiotic rule that makes no one safer. It only turns law abiding citizens in to felons overnight. The ATF and their mission is completely unconstitutional and merely used to punish political opposition of Democrats.

That being said, I doubt they'll ever charge anyone for only possessing a braced pistol. It will be used as tack on charges for those accused of other felonies. That way it will be used in plea bargains and they don't have to worry about a jury trial setting precedent or a guilty verdict working it's way up through the appeals and maybe even SCOTUS damaging the foundation of the NFA. The ATF and DOJ is sleazy like that. They're very careful not to prosecute cases which could ultimately lead to them losing enforcement power wielding clearly unconstitutional laws/rules.

They'll also use it to stop proliferation of a popular sporting rifle that left wing morons deem evil and scare those that already purchased them legally in to keeping them out of sight or registering them via tax stamp.
Braces may be used as enhancement charges but you can bet your ass fed LE will be looking for people in public with braced guns as primary charges. I can see Biden's handlers even throwing the numbers to the media and making a big deal about it. These gun control changes are his legacy until hopefully a sane administration gets rid of them or SCOTUS gets a backbone and rules they're illegal administrative law
aggieforester05
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AG
They might do that but they're going to be running a big risk of getting their **** pushed in when a case makes its way to the fifth circuit. I hope it's ruled unconstitutional and they walk away embarrassed. Ruining people's lives over something so inconsequential is absolutely despicable!
ShouldastayedataTm
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Went and found the links to some of the videos I have watched on this one they are all youtube videos.
Washington Gun Law
Colion Noir
They covered the latest changes, including an amnesty opportunity being made for registration.
Cannot find the Pro brace videos now, go figure....
https://omb.report/icr/202208-1140-007/doc/124454800 here is the OMB report on the brace rule and filing a form1 for the braced pistol.

ETA there are a ton of videos and documents out there regarding the whole thing.
tandy miller
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**** it. I'm just going to SBR my Charger. If they make you take brace off till stamp comes it will take 5 years for the stamp with millions of braces

The atf is a parasite
lp01
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AG
That's what I'm thinking too. Should I bite the proverbial bullet and SBR my pistol? I think that the waiting time is going to be a nightmare.
tandy miller
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I think that the wait is all part of the plan. They know how many braces there are, how many forms it would be. Hell, they can't even carry their current load
FJB
BenderRodriguez
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AG
Friendly reminder that the people who want to turn you into a felon for having a flimsy piece of plastic and rubber on the back of your gun think this is why its important to ban them.

tandy miller
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AG
Is that real?
lp01
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AG
It is sadly
jrb2019
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AG
And here it is….
https://www.justice.gov/opa/pr/justice-department-announces-new-rule-address-stabilizing-braces-accessories-used-convert

120days to comply. "Free" tax stamp or get rid of your bump stock.. I mean brace.

Let the lawsuits commence.
dodger02
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Skimming that justice.org document...

"You knew these were illegal when you bought them so you shouldn't be surprised this day was coming..."

Also, there's a picture of a .50 BMG with a brace and I can't stop chuckling.
javajaws
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jrb2019 said:

And here it is….
https://www.justice.gov/opa/pr/justice-department-announces-new-rule-address-stabilizing-braces-accessories-used-convert

120days to comply. "Free" tax stamp or get rid of your bump stock.. I mean brace.

Let the lawsuits commence.


Last paragraph in that link:

Quote:

The rule goes into effect on the date of publication in the Federal Register. The rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Step 1) Remove brace to turn your firearm back to a pistol

Step 2) Install brace back onto pistol

You're now legal again!
JeremiahJohnson
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AG
I have been wanting to get an SBR stamp on one of my lowers. I guess this is my chance to get it for free?
javajaws
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JeremiahJohnson said:

I have been wanting to get an SBR stamp on one of my lowers. I guess this is my chance to get it for free?
I'm gonna take a wild guess here and assume their website you use to file will not support free tax stamps until after the 120 days is up. You know...being a government that just wants to screw with you as much as possible.
beb08
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AG
So am I understanding this correctly. I might as well put a rifle stock on my pistol and register it within the next 120 days to get a free tax stamp?
dodger02
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The document is like 286 pages. But on quick review, it seems there's going to be a Form 1 option to state you're complying with the ruling and thus they'll waive the $200 fee.

So, I think you're right.
cupofjoe04
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beb08 said:

So am I understanding this correctly. I might as well put a rifle stock on my pistol and register it within the next 120 days to get a free tax stamp?


Do I need to go buy a pistol and a rifle stock? I would love to have one, but have never wanted to mess with the freaking tax.

On a completely unrelated note- anyone have a braced pistol they want to sell?!?
lp01
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My guess is that it is going to take years for them to process all of the "free" tax stamps. In the documentation, they estimate that there are 3 million braces out in the wild. I bet is that it is much higher than that. I'm curious if it will be quicker to pay the $200 tax stamp and SBR it vs. playing the waiting game. If I understood it correctly, then you could use the brace or a stock, add a vertical foregrip, etc.
schmellba99
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javajaws said:

jrb2019 said:

And here it is….
https://www.justice.gov/opa/pr/justice-department-announces-new-rule-address-stabilizing-braces-accessories-used-convert

120days to comply. "Free" tax stamp or get rid of your bump stock.. I mean brace.

Let the lawsuits commence.


Last paragraph in that link:

Quote:

The rule goes into effect on the date of publication in the Federal Register. The rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Step 1) Remove brace to turn your firearm back to a pistol

Step 2) Install brace back onto pistol

You're now legal again!
Love that mentality - we aren't banning anything! Just making it nigh impossible for you to actually legally own one...but you can own one! (If we approve it, you pay your extortion fee and we decide later on down the road not to change our minds and ban them then!)
El Chupacabra
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Let's say I file 10 lowers as SBRs for free...rule gets overturned. Did I just get 10 free SBR stamps?
drummer0415
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AG
The "free" stamp only applies to previously constructed pistol braced lowers as of the time the rule was released (todays date). So make sure you use lowers that you already have, or lowers that can be acquired without a 4473 being triggered after todays date.
 
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