NICS Data Integrity Act

This pops up as the first thing on Google when you search for "88 day background check rule". Interesting cast of characters involved...

It seems they may have figured out a way to use the law they wanted changed in their favor.

Say I filed a Form 1 today (Jan 19th) online (eForm). Whether or not that would be a dumb idea for me to try to save $200 and to get ahead of "the line" of pending backlog, help me with this one.

First, I assume now that filing today, I'd be "in pending status", I Thus I could TODAY, rip off the stupid brace and legally replace with a normal stock. Yes?

Say the rule is then overturned before my stamp is approved. Am I still good with a buttstock now true "SBR" whilst awaiting for approval of my Form 1?

So that means I go from "legal" on Jan 12th to "pending criminal" on Jan 13th, then "legal probation" on Jan 19th until the stamp comes in, but if the law is overturned before my stamp arrives, "immediate criminal"?

mhnatt said:

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Say I filed a Form 1 today (Jan 19th) online (eForm). Whether or not that would be a dumb idea for me to try to save $200 and to get ahead of "the line" of pending backlog, help me with this one.

First, I assume now that filing today, I'd be "in pending status", I Thus I could TODAY, rip off the stupid brace and legally replace with a normal stock. Yes?

Say the rule is then overturned before my stamp is approved. Am I still good with a buttstock now true "SBR" whilst awaiting for approval of my Form 1?

So that means I go from "legal" on Jan 12th to "pending criminal" on Jan 13th, then "legal probation" on Jan 19th until the stamp comes in, but if the law is overturned before my stamp arrives, "immediate criminal"?

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NM

(I am not an attorney. Just my interpretation)

The rule hasn't been officially registered yet. Only published. Therefore, it hasn't gone into effect. So you could Form 1 tomorrow and you would have an SBR regardless this rule (pending approval).

Most places (including two gun stores) I have spoken to are taking a wait and see approach. The whole matter of having it in before the rule is posted to the federal registry has to do with proving prior ownership by a trust or individual.

Someone correct me if I am wrong in my understanding.

AggieT said:

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Unless I'm mistaken, the rule hasn't posted to the federal register yet, and is therefore not effective.

Do not a put stock on. Also, since you submitted before the rule is effective, you probably don't qualify for the "legal probation". Did it allow you to file the form 1 without paying the $200?

This is such a cluster **** that I wouldn't do anything with the actual pistols/rifles/wtf until there is some clarity. Other than, perhaps, taking them apart and losing the brace. Nobody can definitively say what is legal right now.

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Currently, the online ATF eForm1 automatically checks the box for the exemption of $200 and there is no way, even if you wanted to select the $200. So yeah, one submits it today w/o paying the $200. So unless I'm mistaken, submitting today is "free" and validates your firearm, with brace or replace the brace tomorrow with full stock, as a legal SBR while it is in "pending" mode?

So, just for clarification, and I thought that I read an explanation on this earlier in the thread but couldn't find it, but what are the other options other than a stamp. I am guessing that removing the upper and fitting it with a 16+ inch barrel makes the gun legal?

I understand that this is not ideal or feasible for some or fair and F the ATF and all of that. I just want some clarity on other options one might have.

This was my question as well and I think that is correct. If you put a 16" upper on it becomes a rifle. That's how I interpreted it.

https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces

Found this link on the ATF site. It answers some questions on the date the rule is effective and what options you have to convert the pistol to a rifle, remove the brace, etc.

https://www.atf.gov/rules-and-regulations/docs/undefined/finalrule2021r-08f508pdf/download

(I couldn't get a picture uploaded)

Options Available to all Possessors
1. Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm.
2. Permanently remove and dispose of, or alter, the "stabilizing brace" such that it cannot be reattached.
3. Turn the firearm into your local ATF office.
4. Destroy the firearm.
5. Register the weapon as set forth below depending on your category of possessor.

Effective Date of Final Rule
- The final rule was signed by the Attorney General on January 13, 2023.
- Published in the Federal Register on TBD.
- The Final Rule is effective on the date of publication in the Federal Register.
- The compliance date is 120 days after the effective date.

Not to add to the confusion, but it sounds like there's some clarification on the 88 days rule that the GOA video addresses. Mainly that the 88 days starts when the agent starts processing.

LINK

Quote:

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There are definitely a number of inaccurate statements being made in this video:
Most Form 1s aren't taking 6-9 months currently
I don't believe the background check is started on an NFA application until an agent starts processing (vs. when you submit, like they are implying)
You don't have to include a picture of the braced firearm when submitting (a pic of the markings is optional)
This is based off some Deputy Director's comments on a rule that isn't even official yet. I work with plenty of Directors at my company who are basically paid to make stuff up and hope they're right.
At the end of the day, we need more info. The ATF's own FAQ states that if your application is denied, you'll be given the opportunity to fix the error(s) and reapply. We also must remember that Guns & Gadgets makes clickbaity videos somewhat frequently, and GOA also blows things out of proportion from time to time and gets increased donations when people are outraged.
I trust the ATF far less than either of them, but this is effectively hearsay, and we still don't have the published final rule. Keep calm and wait for more info if you're worried. And honestly, I don't think the ATF is competent enough to cook up the scheme being implied in the video, but that's just me.

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Could someone submit their braced gun to a FFL while the whole thing gets processed? If the ATF comes calling, you would not be in possession of it and it would essentially be in stamp jail?

FTAG 2000 said:

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Also, for what it's worth Jim Willi (TX Gun Trust) said don't do the free stamp, pay the $200 and treat it like you would have before this "free" offer came out. Don't take the honey trap.

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Sounds expensive.

hunter2012 said:

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Could someone submit their braced gun to a FFL while the whole thing gets processed? If the ATF comes calling, you would not be in possession of it and it would essentially be in stamp jail?

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FFLs can't be in possession of unregistered NFA items either.

07/02 FFLs could Form 2 the gun but then they would have to transfer it to you on a Form 4 with that insane wait

Thanks for the replies on what you can do to the gun itself.

hunter2012 said:

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Not to add to the confusion, but it sounds like there's some clarification on the 88 days rule that the GOA video addresses. Mainly that the 88 days starts when the agent starts processing.

LINK

Quote:

---

There are definitely a number of inaccurate statements being made in this video:
Most Form 1s aren't taking 6-9 months currently
I don't believe the background check is started on an NFA application until an agent starts processing (vs. when you submit, like they are implying)
You don't have to include a picture of the braced firearm when submitting (a pic of the markings is optional)
This is based off some Deputy Director's comments on a rule that isn't even official yet. I work with plenty of Directors at my company who are basically paid to make stuff up and hope they're right.
At the end of the day, we need more info. The ATF's own FAQ states that if your application is denied, you'll be given the opportunity to fix the error(s) and reapply. We also must remember that Guns & Gadgets makes clickbaity videos somewhat frequently, and GOA also blows things out of proportion from time to time and gets increased donations when people are outraged.
I trust the ATF far less than either of them, but this is effectively hearsay, and we still don't have the published final rule. Keep calm and wait for more info if you're worried. And honestly, I don't think the ATF is competent enough to cook up the scheme being implied in the video, but that's just me.

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Could someone submit their braced gun to a FFL while the whole thing gets processed? If the ATF comes calling, you would not be in possession of it and it would essentially be in stamp jail?

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Good post.

Seems like there's way too much clickbait and drama over the proposed curing process. The current approval process (and I seriously doubt they'll change it much, if any for this) doesn't take them long once they get to your file, so the 88 day thing sounds misleading. I've never had a Form 1 denied based on time; and I've had at least two or three that have taken quite longer than 90-100 days. One during Covid took about 6-7 months.

If it were me doing the free stamp, I'd just treat it the same way I do any other SBR during the wait, i.e., just wouldn't use it in a brace configuration.

On the second bolded point: this is basically what happens when you screw up the info on a normal SBR/Form 1 without the whole refund part. It actually sounds like they're giving you a second free bite at the apple if you screw up the Form the first time.

txyaloo said:

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There is no pending mode. You can't legally install a stock until you have an approved form in your hand.

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I don't think you are correct. As of today, it appears that the brace is classified as no different than a stock. eForming today supposedly keeps you legal until being denied. So how is changing the brace to a stock today, make it illegal today?

If I'm legal today (submitted Form 1 and in pending status), how is that any different than changing the brace to a stock?

Apparently u gotta wait to put stock on