Pound sand!
Posted on 01/31/2023 8:11:08 AM PST by Yo-Yo
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
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 area that 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 January 31, 2023.
Compliance Date: Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023.
(Excerpt) Read more at federalregister.gov ...
Registration?
Pound sand!
Not even sure removing them works: once attached, it may magically become a short-barreled rifle forever, just like an AR lower once designated a pistol is forever a pistol.
they go back on as easy as they come off...
It's all in the published rule. The rule has been out for two weeks, we've just been waiting for it to be published in the Federal Register to know when the clock starts.
You have 120 days from today to either fill out a special Form 1 to register your braced pistol(s) as Short Barreled Rifles (SBRs,) and the ATF will waive the $200 tax, or to remove the brace and alter the weapon so the brace cannot be reattached (usually by replacing a carbine buffer tube with a pistol buffer tube on an AR style pistol.)
I'd do nothing yet, because now that the rule has been published, the lawsuits and preliminary injunction requests can now be filed.
Some legal info/guidance I received via VCDL (Virginia Citizen’s Defense League) regarding this issue:
https://www.youtube.com/watch?v=ndHI5rcrKaU&t=25s
Pound sand!
I looked at the Form 4999. There's a long list of characteristics and if you get only 4 points out of about 40 max, it's an SBR. Ludicrous.
Didn’t this just get ruled unconstitutional?
Yes: the more gonzo the BATFE goes after stuff like pistol braces and bump-stocks and impossible wait times for suppressors, the more people are simply going to ignore the NFA completely. So more and more SBRs and full-auto weapons will be out there, the exact opposite of what the claimed goal is.
DANGER, WARNING, CAUTION: The ATF final rule does not use that proposed ATF Form 4999, so there is no 'point' system! If it has a brace, it is an SBR, even though they say they're not outlawing braces or the use of braces.
If it has surface area that can rest on the shoulder, it is an SBR. If the braced pistol has a scope with short eye relief such that you cannot use it at arm's length, it is an SBR.
Just about ANY PISTOL with a brace is now considered an SBR, so your only two choices (barring any legal actin) is to permanently remove the brace and modify the pistol such that the brace cannot be reattached, or register it as an NFA Short Barrel Rifle, and the ATF will waive the $200 "tax" during the 120 day amnesty period.
The rule was published today, so there hasn't been any lawsuits yet. But they are coming, rest assured.
-Ayn Rand, Atlas Shrugged
That was the bump-stock rule.
Then installing a bump stock on my .45 is legal? Good to know!
RKBA Pinglist worthy?
Not quite yet. All appeals haven't been exhausted yet.
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The Most sensible 👌.
Absolutely.
Ya got an AR-45? So long as it has a 16” barrel, or you’ve got the SBR stamp, you should be good. There’s something to be said for an AR-15x3.
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