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Update on pistol brace?

95,636 Views | 797 Replies | Last: 5 mo ago by tandy miller
txyaloo
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Guitarsoup said:

AgEng06 said:

So theoretically you could get a free-stamped SBR, even if this gets squashed by the courts?
Yep, and then you can't ever take your pistol to another state without asking daddy for permission.

I wonder if you could de-SBR your pistol in 6mo when the 5th Circuit tells Dettlebach and Biden to **** off with their unconstitutional actions.
Law is already settled. Put it back to Title 1/non-NFA status and you can take it anywhere without "permission"
Eliminatus
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I wonder how many people, the ones who actually even know this is occurring that is, are just in wait and see mode or just saying F it.

I imagine a healthy chunk of people on this very thread have not done a single thing yet even though they ostensibly should have by now.

I mean, they haven't even found the people I keep chained in my basement.

What a stupid ****ty mess this whole thing is. I haven't been on the loop 100% but is there any actual feasible chance of this getting shut down in lawfare?
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BSD
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Bregxit said:

Why should anyone have done anything by now? I don't think the rule has even hit the register yet so the 120 day "grace period" hasn't started.


It hit the register today. May 31 is the deadline. Hopefully the ATF gets proper ****ed by then.
Eliminatus
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BSD said:

Bregxit said:

Why should anyone have done anything by now? I don't think the rule has even hit the register yet so the 120 day "grace period" hasn't started.


It hit the register today. May 31 is the deadline. Hopefully the ATF gets proper ****ed by then.


Yeah, pretty sure it hit today or tomorrow. I think. I am not intimately familiar with the process or updates to be honest.

At least we have a clue. How many out there have no idea this is even occurring? I think of my father for example. He is just a casual gun owner (doesn't own any braces though that I know of) who does not spend any time on gun enthusiast info hubs. He is just a dude who goes to work and goes home and keeps to himself with little real connection to current events.
dodger02
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Eliminatus said:

I wonder how many people, the ones who actually even know this is occurring that is, are just in wait and see mode or just saying F it.
Bregxit kind of already answered. But the 120-day clock hasn't started ticking yet so there's nothing anyone is required to do. Though, it'll probably start tomorrow.

I totally get the "not one more inch" crowd and their anger that our rights are being eroded. I plan to contact my elected officials and let them know how displeased I am.

I'll be in wait and see mode for a while. But, I'm ultimately going to comply with whatever the law is. I know I'll be called a "sheep" and get blamed for being part of the problem. But aside from a few speeding tickets, I like being considered a law-abiding citizen. I'll apply for a free stamp in a few weeks and then slide the item onto a trust at some point and just go about my business.

It sucks.
AgLA06
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The problem is there's nothing free about this. And it makes my family less safe.

It's going to cost me to transfer it to the trust and whatever else I have to do or I'm now going to have a firearm purchased as our primary home defense weapon I'm now the only one allowed to touch.
lp01
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The rule posted to the Federal Registry today. The 120 day clock started the moment it posted. So now if you register for the free stamp, you will presumably get it. When you move it into a trust, that will cost another $200 unless it was in the trust and notarized prior to the final rule publication.
planoaggie123
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Soo...if i know someone with one of these...the 120 day grace period....let's assume the ruling is not overturned...can one apply for the stamp on day 119 and be ok? Sorry if this was discussed earlier in the thread.
lp01
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Yes
aggieforester05
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AgLA06 said:

The problem is there's nothing free about this. And it makes my family less safe.

It's going to cost me to transfer it to the trust and whatever else I have to do or I'm now going to have a firearm purchased as our primary home defense weapon I'm now the only one allowed to touch.


Correct, there will be no public safety improvement whatsoever due to this poorly conceived progressive policy position. All it will do is make it harder for law abiding citizens to defend themselves from criminals resulting in a decrease in public safety. Even if SBRS or braced pistols are somehow less safe, any title one AR could be converted by a criminal using parts ordered online. Criminals don't care about NFA laws and felons aren't prosecuted for violations.
Bpriefert
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txyaloo said:

Bpriefert said:

Suppose I have my pistol braced 10" currently being repaired at an out-of-state manufacturer. I submitted a Form 1 to SBR it a couple weeks ago once the amnesty period/free stamp began.

Whether or not filing the Form 1 was "dumb" or I "shouldn't comply" has been debated enough on here, but I'm hoping some prudent experience can prevail to answer a question:

Once the out of state manufacturer is finished repairing my "pending SBR Form 1" rifle that I legally have followed all steps, and they ship it back to my local FFL, how will I take possession of it if I the SBR/Form 1 status is still "Pending"?

TIA


Why are they shipping it back to your FFL? Assuming they're also an FFL, they can return a repaired firearm directly to you. It doesn't matter whether the item is NFA or Title 1. They can still return direct to you. If they won't, I'm not sure that's a manufacturer I'd want to work with.
As much as I wanted to agree with you, I hate to say this isn't the case. I've spent the last 24hrs on phone calls with multiple gurus up the chain of command. The shipping/transfer rules are unfortunately different for the "manufacturer" FFL than they are for a "gunsmith" FFL. Despite the manufacturer repairing the firearm that they made.

So, get this: If one today, ships a pistol/braced firearm to a "manufacturer" for repair and has not filed an eform Form 1 prior, the manufacturer cannot release the firearm back to the owner until the owner both files and receives the stamp. So in essence, unless you are sending to a gunsmith, you are sending your baby not to a hospital, but to jail.

AggieT
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planoaggie123 said:

Soo...if i know someone with one of these...the 120 day grace period....let's assume the ruling is not overturned...can one apply for the stamp on day 119 and be ok? Sorry if this was discussed earlier in the thread.


Isn't that everyone's plan? Unless you were planning to sbr anyway to get ahead of the wave?
dubi
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AgLA06 said:

The problem is there's nothing free about this. And it makes my family less safe.

It's going to cost me to transfer it to the trust and whatever else I have to do or I'm now going to have a firearm purchased as our primary home defense weapon I'm now the only one allowed to touch.


If you put it in your trust inventory yesterday then you could get the free stamp in your trust.
1872walker
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AggieT said:

planoaggie123 said:

Soo...if i know someone with one of these...the 120 day grace period....let's assume the ruling is not overturned...can one apply for the stamp on day 119 and be ok? Sorry if this was discussed earlier in the thread.


Isn't that everyone's plan? Unless you were planning to sbr anyway to get ahead of the wave?


I'd sooner disassemble and pin&weld to get as short as possible than involve the government in my firearms anymore than they absolutely need to be.

But I suspect GOA and others have emergency motions ready to go and this thing gets in front of the judiciary prior to the 120 day grace period.

My plan doesn't involve taking anything "free" from the government.
Daddy-O5
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AggieT said:

planoaggie123 said:

Soo...if i know someone with one of these...the 120 day grace period....let's assume the ruling is not overturned...can one apply for the stamp on day 119 and be ok? Sorry if this was discussed earlier in the thread.


Isn't that everyone's plan? Unless you were planning to sbr anyway to get ahead of the wave?


Not my plan exactly. There is another option.
Pasquale Liucci
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What's the latest thinking on disassembling and keeping the pistol with the buffer tube stand-alone? As long as it's a smooth buffer tube ok? I seem to remember some discussion on this a few pages back due to the nebulous wording of the definition of how pistols are now illegal SBR's without a stamp
dr_boogs
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lp01 said:

The rule posted to the Federal Registry today. The 120 day clock started the moment it posted. So now if you register for the free stamp, you will presumably get it. When you move it into a trust, that will cost another $200 unless it was in the trust and notarized prior to the final rule publication.


Legal advice I've been given in Texas is that proof of date of purchase, date of FFL transfer and possession, and transfer to trust before today is all that's necessary (updating your exhibit A page), doesn't HAVE to be notarized although that would be a nice CYA to have, but not 100% required. ***legal advice given to me, I'm not a lawyer.
AgLA06
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This is going to be a shock to some of you, but this entire NFA / trust / stamp thing doesn't appeal to many of us. It's complicated and uncomfortable and intimidating. And honesty I've read about it and asked questions here and feel I'm no closer to understanding a process that also costs money.

I have a trust set up so I could potentially get a suppressor some day. I purposely bought an AR pistol so I didn't have to worry about it. I like the idea of an SBR so I can put an collapsible stock and forearm grip, but hasn't been worth messing with. I don't want to deal with federal agencies or worry about a mistake.

So no, my perfectly legal firearm isn't in a trust. I'm not confident how to do so and it shouldn't need to be based on the law.
dubi
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We were already a robust NFA trust family with multiple items on our inventory. That makes it easier because we have been navigating the govt morass for many years. This BS is just another bump in the road.

I can see it being overwhelming for those new to NFA trusts.
lp01
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The idea behind getting it a trust prior to the publication was to avoid the $200 tax stamp of transferring it from an individual into the trust. Plus, if there are other trustees in the trust, they can possess and utilize the item should you decide to SBR it. Lastly, the trust owns the firearm not the individual. That has been my understanding of it.
AgLA06
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Cool. I missed that one point in pages after pages of posts. Now I'm hosed.

We as citizens shouldn't have to check the ATF daily to see what new FAQ will screw us.
planoaggie123
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Geez. I have never owned a suppressor or SBR etc but how the hell we ever got to this point of taxes / government tracking / restrictions on use on certain items is simply pathetic. Shame on us.
aggielostinETX
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dubi said:

We were already a robust NFA trust family with multiple items on our inventory. That makes it easier because we have been navigating the govt morass for many years. This BS is just another bump in the road.

I can see it being overwhelming for those new to
NFA trusts.


You gotta pay If you want to trust these.
ttha_aggie_09
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Yep. I have several items in my trust and am still not sure how everything works all of the time.
Eliminatus
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dubi said:

We were already a robust NFA trust family with multiple items on our inventory. That makes it easier because we have been navigating the govt morass for many years. This BS is just another bump in the road.

I can see it being overwhelming for those new to
NFA trusts.


Count me as one of those who has a trust and has little real idea of the nuances of it. I paid a lawyer, I got a stack of papers that made no sense to me, handed them off to a store and got some suppressors, and have paid no attention to it since then. That is the extent of my workings with a trust. That was about ten years ago.

Guess it's time to brush it off and learn more about it. I have a few lowers I had wanted to SBR anyways but life put that on the extreme back burner. Might as well use this time to stamp them I guess. Only positive I can see at this point. And only because I was wanting to do it anyways.

lp01
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I saw that somewhere about a week ago. When I went into the local gun store, they weren't aware of it either. We walked through the FAQs and rule together and confirmed it. That's why I had some things notarized that day while I was there.

And I agree that we shouldn't have to go through all of this, and understand every nuanced bit to own something that was legal for decades and now is not. One thing about this episode is that I've learned a ton that I didn't know two months ago. I feel like I have a partial law degree at this point.
erudite
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It's been posted as of 9:45 central time today (1/31).
https://www.govinfo.gov/content/pkg/FR-2023-01-31/pdf/2023-01001.pdf
dubi
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aggielostinETX said:

dubi said:

We were already a robust NFA trust family with multiple items on our inventory. That makes it easier because we have been navigating the govt morass for many years. This BS is just another bump in the road.

I can see it being overwhelming for those new to
NFA trusts.


You gotta pay If you want to trust these.
I am referring to q&a #27 which we believe gives a free stamp to a trust if the braced pistol was on inventory as of yesterday. Highlighted in red box.

#28 is a braced item that is not on a trust inventory as of yesterday so you get the free stamp as an individual (makes it legal). However you would need to subsequently pay the $200 to transfer it into a trust.

If this is incorrect please show documentation.



ATF FINAL RULE 2021R- 08F

lp01
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This was my understanding as well, and what the people where I got my trust told me.
javajaws
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Eliminatus said:

I wonder how many people, the ones who actually even know this is occurring that is, are just in wait and see mode or just saying F it.

I imagine a healthy chunk of people on this very thread have not done a single thing yet even though they ostensibly should have by now.

I mean, they haven't even found the people I keep chained in my basement.

What a stupid ****ty mess this whole thing is. I haven't been on the loop 100% but is there any actual feasible chance of this getting shut down in lawfare?


I made sure all my braced pistols were added to my trust. Of those, a couple I was going to SBR anyway and was just waiting for the amnesty to kick in to get it done free. The othes I'll wait until the last week or so hoping for intervention.
dubi
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Quote:

I made sure all my braced pistols were added to my trust. Of those, a couple I was going to SBR anyway and was just waiting for the amnesty to kick in to get it done free. The othes I'll wait until the last week or so hoping for intervention.
Same for the Dubi family.
aggielostinETX
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I missed the fact that you moved them to the trust prior.
Eliminatus
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javajaws said:

Eliminatus said:

I wonder how many people, the ones who actually even know this is occurring that is, are just in wait and see mode or just saying F it.

I imagine a healthy chunk of people on this very thread have not done a single thing yet even though they ostensibly should have by now.

I mean, they haven't even found the people I keep chained in my basement.

What a stupid ****ty mess this whole thing is. I haven't been on the loop 100% but is there any actual feasible chance of this getting shut down in lawfare?


I made sure all my braced pistols were added to my trust. Of those, a couple I was going to SBR anyway and was just waiting for the amnesty to kick in to get it done free. The othes I'll wait until the last week or so hoping for intervention.
Should have done that with my lowers and I think that cut off was yesterday?

Oh well. I need to find all my trust papers anyways. And I am pretty sure my physical registration papers for my suppressors are lost forever in a move. Need to find out how to replace those.

Also, not sure if you saw it but I am definitely second for that CoAX if your initial deal fall through, like I hope it does, shamelessly.
El Chupacabra
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Mike Hunt bringing the pointed questions

 
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