Posted on 02/01/2023 9:11:35 AM PST by Myrddin
The new ATF pistol brace ruling has been published in the Federal Register starting the 120 day countdown to apply for the ATF tax stamp, surrender the "SBR" to the ATF or destroy the firearm. Anyone who has applied for an ATF tax stamp for an SBR knows this usually takes 6 months to a year for approval. If you apply now, you will be in possession of an SBR without the ATF tax stamp in 120 days. Instant felony.
The purpose of this post is to offer another option. Find an FFL licensed to sell NFA firearms. Arrange for the FFL to store your new "SBR". Call it a "repair". Pay your FFL for the storage service. That solves the problem of being in possession of the NFA SBR without the ATF tax stamp.
This approach provides a means to side-step the possession issue for those who opt to apply for the ATF tax stamp. There are pending bills from Jim Risch (SHORT) that may alleviate the problem. There are pending lawsuits that may provide a judicial resolution. The ATF may rescind the stupid decision. However it works out, having the SBR in the safekeeping of an FFL should alleviate the felony exposure.
Would storing it with a law enforcement agency also suffice?
The best way to fix this, as I’ve seen on youtube is to just get rid of the stupid SBR rules entirely.
Law enforcement refuse to enforce this where I live
We’re a 2nd Amendment sanctuary state
This is outright FALSE. The ATF in their final rule said that you have 120 days to SUBMIT a Form 1 for your braced pistol, and you must use a special eForm 1 on the ATF eforms website (eforms.atf.gov) in order to have the normal $200 tax waived.
After 120 days, AS LONG AS YOU SUBMITTED THE eFORM 1 PRIOR TO THE 120 DAY DEADLINE, you're still legally in possession until you either receive your approved form and stamp, or your application is denied.
If your application is denied, you only need to remove the brace and permanently alter the pistol so the brace cannot be readily reattached. (This usually means removing a carbine buffer tube and replacing it with a dedicated pistol buffer tube for AR platforms.)
Watch this 16 minute video from an ACTUAL LAWYER WHO PRACTICES 2A LAW for more: https://youtu.be/iGdjQ4Iylzo
The FFL will execute a Form 4473 and put the firearm on the business register. When you come to retrieve it, another Form 4473 is executed to transfer the firearm from the FFL to you. My wife just did this for a suppressor purchased 3 years ago. It remained in the safe at the FFL until the ATF tax stamp arrived. A Form 4473 was executed to transfer her property and take it off the FFL inventory.
I have no idea whether a law enforcement agency has a clear property management process that removes you as the "owner/possessor".
“apply for the ATF tax stamp, surrender the “SBR” to the ATF or destroy the firearm.”
You left out the easiest solution, remove and get rid of the brace. You’ll be left with a legal pistol.
The correct solution is to repeal the NFA, but that’s not happening given the current senate and president.
“When tyranny becomes law, rebellion becomes duty.”
Thomas Jefferson
Simply ignore the bad laws...
Are the pistol braces illegal to own regardless of whether they are on a gun or not?
SBR
Steel belted radial?
Standard Business Reporting?
You’d be crazy to not just amnesty register.
Embrace the NFA. Take the plunge and just be done with it.
I would suggest that if it’s an AR type, that you register as “ALL CALIBERS” on the form to give yourself all potential options...
No, the ATF cannot regulate accessories. Pistol braces are perfectly legal to own.
HOWEVER, (and there always is a 'however,') if you own a pistol, and that pistol can accept a brace (because it has a carbine style buffer tube, or other adapter), and you have a pistol brace in a box but not on the pistol, you are in what the ATF calls "constructive possession" and are still in possession of what the ATF is calling a Short Barreled Rifle.
Your pistols must not be capable of readily accepting a pistol brace in order to have the brace be just a lump of plastic and velcro.
Embrace the NFA. Take the plunge and just be done with it.
I would suggest that if it’s an AR type, that you register as “ALL CALIBERS” on the form to give yourself all potential options...
If you've ever wanted an SBR, this a golden opportunity to get one without paying the $200 tax.
Once your braced pistol has received an SBR tax stamp, you will then be free to take off the brace and put on a proper stock. (But don't do it until you receive the approved eForm 1, otherwise you'll be committing a felony. Only BRACED PISTOLS are covered under the amnesty period.)
“Are the pistol braces illegal to own regardless of whether they are on a gun or not?”
You can legally own a brace, like you can own a stock. If just assume a brace is now a stock it makes this all easier to understand.
There is a grey area where if you have the parts to make a short barreled rifle, but don’t have them completely assembled, the ATF may still consider it a short barreled rifle. So taking off the brace, and keeping it in the guns safe next to the gun it came from is going to tempt the ATF to say you are doing something illegal.
“Law enforcement refuse to enforce this where I live
We’re a 2nd Amendment sanctuary state”
Local cops can ignore it all they want..
Unfortunately, NFA is federal. So, even if your state/local LEOs don’t care. Feds could still can cause you plenty of problems.
TANMA.
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This Article Needs More Acronyms.
You're giving bad advice re this subject. First, you posted in "news" and it's been moved to "chat." Now you admit you "have no idea."
This is a reckless thread.
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