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New ATF pistol brace rule posted.

M

Mopar1169

Well-Known Member
Joined
Feb 26, 2020
Messages
506
Location
Central Michigan
ATF posted new pistol brace rule just thought I would give the guys that have them a heads up. Hopefully they get their buts sued off. But that will take some time to get done.

www.breitbart.com

ATF Final Rule: Stabilizer Brace Owners Have 120 Days to Register Them

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released its final rule on stabilizer braces Friday, noting that individuals in possession of said braces have 120 days to register them once the final rule appears in the Federal Register.
www.breitbart.com www.breitbart.com
 
Comes as zero surprise to me.

"The ATF suggests that braces intended to be fired without shouldering the gun may remain legal: “This rule does not affect ‘stabilizing braces’ that are objectively designed and intended as a ‘stabilizing brace’ for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the ‘stabilizing brace’ is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.”"

So...basically..."Hey, quit with the cute crap building SBRs and acting like everybody doesn't know what you're doing, smarta**."
 
Nutterbuster said:
Comes as zero surprise to me.

"The ATF suggests that braces intended to be fired without shouldering the gun may remain legal: “This rule does not affect ‘stabilizing braces’ that are objectively designed and intended as a ‘stabilizing brace’ for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the ‘stabilizing brace’ is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.”"

So...basically..."Hey, quit with the cute crap building SBRs and acting like everybody doesn't know what you're doing, smarta**."
Click to expand...

Yeah that would be fine if the ATF didn't change their interpretation of the rules every 2 years. First it was can't shoulder for disability only. Then it was do what ever you want with them we don't care. Now it is pretty much a all out ban. Nobody is gonna use a brace on a sbr when you can use a normal stock.
 
ATF has also started a 120 day no-tax registration period in which inclined persons may register their firearms without paying the usual $200 tax stamp for an Short Barreled Rifle (SBR), now that they're considering pistols with braces and less-than-16-inch-barrels SBRs.

Undecided how I feel about potential registration. Prior to this, if I wanted a suppressor or SBR, I probably would've just registered the paperwork and gone ahead, I just didn't, at that time. But now I'm...
1. KMA, ATF. You have no authority to change definitions - just see the bump stock ruling (regardless how anyone feels about bumpstocks)
2. If I could register for free, does that change how I feel about government registration of firearms? Not really. It's not good, Bob.
2a. If I did register, may as well replace an SBA(M/3/4) brace with a real stock anyway, like Mopar1169 said.

If you're an inclined to register, get an NFA trust and register via that. It covers your butt if you want someone else to handle your firearm in your absence - you just add them to the trust.

I'm inclined to wait 60 days and see what winds are blowing - lawsuits will come from this, but if ATF will end up prevailing (I do have doubts) it'd be nice to not have to pay $200 for something already owned (and previously perfectly legal, dammit).
 
I wonder if you register as a SBR within the 120 days do you have to pay the $200 tax stamp, and wait for approval, or do you just have to register the weapon?
 
devildog said:
I wonder if you register as a SBR within the 120 days do you have to pay the $200 tax stamp, and wait for approval, or do you just have to register the weapon?
Click to expand...

What I read was that you don't have to pay the tax... No clarity on form filing, possession, timing, etc. Another reason to wait half-way through the period first - let people figure out the procedures for you.
 
devildog said:
I wonder if you register as a SBR within the 120 days do you have to pay the $200 tax stamp, and wait for approval, or do you just have to register the weapon?
Click to expand...

What I have heard is you can register without paying the 200 as long as it meets their criteria. What that criteria is is up to them. May still end up paying tax stamp. Plus you have to take pictures of said firearm and send in with the normal nfa process.

The thing the irks me is I built my pistol because I wanted a pistol for hunting purposes. I don't want a sbr. Not sure everyone knows sbr's are not like suppressors, they can not be taken out of state without ATF approval and paperwork filed.
 
Be interesting to see what come of this. My state removed sbrs and sbs from the restricted list last year. So it appears one might be good with state police but wrong with the feds….
 
If this passes a legal test, which I hope it won't, there are going to be a lot of accidental felons who purchased an item legally and through life changes, lost touch with the 2A "community". Not sure how anyone who isn't "in touch" would even know about this arbitrary rule change.
 
They cant process a form 1 in under 60 days as it is, how do they expect to process millions in any sort of efficient fashion?

Also, might as well drill that 3rd hole for a fun switch.
 
Hopefully the Supreme Court will throw this out before the probationary period is over. This is just an attempt by the ATF to get everybody to register their AR pistols so they know where most of them are at when they decide it's door breaking time. Registration = confiscation. I wanted to get a suppressor but backed out because of the stupid long wait time and paperwork BS, and not wanting to be forever in a database somewhere.
 
Kyhunter1 said:
Hopefully the Supreme Court will throw this out before the probationary period is over. This is just an attempt by the ATF to get everybody to register their AR pistols so they know where most of them are at when they decide it's door breaking time. Registration = confiscation. I wanted to get a suppressor but backed out because of the stupid long wait time and paperwork BS, and not wanting to be forever in a database somewhere.
Click to expand...

It is dumb because most pistols are already registered at the state level. So I am sure they know where they all are already.
 
Mopar1169 said:
It is dumb because most pistols are already registered at the state level. So I am sure they know where they all are already.
Click to expand...

Maybe in the commie states…in GA there is a law that there can’t be a gun registry.

And luckily most states are still somewhat free…

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FrankNess14 said:
Maybe in the commie states…in GA there is a law that there can’t be a gun registry.
Click to expand...

In theory. There is no registry in PA either. And while it obviously doesn't encompass legally made "ghost guns" there is a defecto registry of all store purchases.
 
Mopar1169 said:
It is dumb because most pistols are already registered at the state level. So I am sure they know where they all are already.
Click to expand...

Federal law prohibits the ATF from keeping a searchable national registry, so there's that.

The ATF move on pistol braces, however, requires filing paperwork -and sometimes photo documentation - describing your braced pistol registration, and it's going to be maintained electronically, so it's searchable, and a violation of law (just one of several in this rule, but I'm not a lawyer) Examples:
1. It probably violates the Americans with Disabilities Act
2. It definitely violates federal law requiring a tax stamp on SBRs
2a. It waives the tax for 120 days -- which is not within the ATFs power
2b. It changes the definition of an SBR requiring a tax stamp -- which is not within the ATFs power
3. It turns law-abiding citizens into felons overnight -- which is not within the ATFs power

I'm just waiting halfway through the 120 day period to see which way the wind is blowing before I panic about choices registering, modifying firearms, or disregarding the rule.

Also curious to know how/if it affects Any Other Weapon cases, such as a Mossberg Shockwave, which can have a brace attached, but isn't highlighted as a subject of the rule in any coverage I've seen yet.
 
This whole law is confusing which tells me it’s unenforceable. The ATF is not doing the confiscations and I don’t know a Sheriff that said they will. All very interesting.
 
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