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ATF proposing to ban/restrict pistol “braces.” Very short comment period: Please get involved. Login/Join 
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Picture of grumpy1
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I think there is highly likely that this will get shot down by the courts, especially after the very recent 5th district court overturning the bump stock ban in which a lot will also apply to the bump stock fiasco. It's almost like the ATF wants to entrap millions of owners of firearms that were perfectly legal when they bought them in the last few years after the ATF cleared the way to widespread manufacture and distribution. Then there is also the huge question of separation of powers and the ATF legislating law on the fly.

The video below IMO is very good on explaining why this will very likely be shot down.



 
Posts: 9747 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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Will it be shot down within 120 days? Nope. It probably won't even make it to presenting formal arguments within 120 days. That'll all get eaten up with preliminary motions, discovery, and other legal wranglings.

And is it 100% guaranteed to get shot down? Nope.

Meanwhile, as the various lawsuits and challenges wind their way through the court system, that 120 day amnesty period's clock keeps running.

So you roll your dice and you take your chances. Either register within the next few months for free, or separate the brace from the pistol and bank on it getting eventually shot down so they can be reunited legally, or I guess just say "fuck it" and keep on doing whatever you want, consequences be damned.
 
Posts: 32506 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Lead slingin'
Parrot Head
Picture of Modern Day Savage
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This first video was posted in the other ongoing thread, about 3 weeks ago, but I believe it is appropriate to this discussion.

West Virginia vs. EPA and the Major Question Doctrine.

@ 10 minute analysis


https://m.youtube.com/watch?ti...NDI&feature=emb_logo


Most of us haven't had time to read the new PSB rules yet and I don't know if the final rules will negate the concern in the below video (posted 3 months ago) but, with the current discussion on how, and whether to comply, it's at least worth considering before making a decision.

@ 8 minute commentary


https://m.youtube.com/watch?v=zLpixM2M5lc
 
Posts: 7324 | Location: the Centennial state | Registered: August 21, 2006Reply With QuoteReport This Post
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Picture of kent j
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I think that's why they went with the 120 days. To entice people to go with registration, knowing after 120 days it will cost 200 bucks and they will be felons.


Regards, Kent j

You can learn something from everyone you meet, If nothing else you can learn you don't want to be like them
It's only racist to those who want it to be.
It's a magazine, clips are for potato chips and hair
 
Posts: 294 | Location: Southern Indiana | Registered: December 11, 2010Reply With QuoteReport This Post
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"Neither the form nor the accompanying instructions for the brace amnesty registration include anything about uploading a photo of the firearm with brace."

Straight from the instructions... "To confirm the application qualifies for tax-free registration, ATF may require additional supporting documentation, such as photographs of the firearm to be registered."


“So in war, the way is to avoid what is strong, and strike at what is weak.”
 
Posts: 11002 | Registered: October 14, 2004Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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quote:
To confirm the application qualifies for tax-free registration, ATF may require additional supporting documentation, such as photographs of the firearm to be registered.


That's standard language from the Form 1, even before all this. It says they may require it. Not that they do require it.

Again, I have yet to see any specific indication that the ATF is requiring a photo of the braced pistol when submitting this eForm 1 for the amnesty.

And before you start arguing again, hrcjon, know that I just ran 98% of the way through a brace amnesty registration eForm 1, just to see. Wink
 
Posts: 32506 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
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not arguing at all. I'm happy you pointed out that its already live. I didn't check the std. F1 language to see it matched that's what just struck me in the first look. Given that its up I guess I am screwed on the regular F1's I had in mind to get done this month... I was stunned the system was still up and operational when I went to look.


“So in war, the way is to avoid what is strong, and strike at what is weak.”
 
Posts: 11002 | Registered: October 14, 2004Reply With QuoteReport This Post
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Picture of kent j
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Rogue, Cold you post a link to the brace form? all I can find is the standard form1.


Regards, Kent j

You can learn something from everyone you meet, If nothing else you can learn you don't want to be like them
It's only racist to those who want it to be.
It's a magazine, clips are for potato chips and hair
 
Posts: 294 | Location: Southern Indiana | Registered: December 11, 2010Reply With QuoteReport This Post
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This has to be one of the dumbest gun laws on the books and there are plenty. Do braces really pose any type of extra threat what so ever. Kinda like Short barrel rifles. OMG someone could sneak one in since it’s a couple inches shorter. Give me a break.
 
Posts: 3918 | Registered: January 25, 2013Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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quote:
Originally posted by kent j:
Rogue, Cold you post a link to the brace form? all I can find is the standard form1.

It's an eForm1, so NOT a downloadable PDF. You'll have to create an eForms Account to access it. I believe you'll need to 'pretend' you're filling it out in order to view it.

ETA - I just created an eForms account, and after you log in you select the icon for the form you want to fill out. When you select eForm1, it asks if you are intending to file pursuant to ATF Final Rule 2021R-08F. There was more verbage I don't remember, but it mentioned tax-exempt and pistol brace as I recall. Anyway, when you acknowledge/select ATF Final Rule 2021R-08F version, it redirects you and you log back in directly to the Pistol Brace Tax-exempt version of the eForm1.


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 8880 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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Picture of kent j
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OK, thanks Not sure how I will figure it all out. I do appreciate the clarification. Thanks


Regards, Kent j

You can learn something from everyone you meet, If nothing else you can learn you don't want to be like them
It's only racist to those who want it to be.
It's a magazine, clips are for potato chips and hair
 
Posts: 294 | Location: Southern Indiana | Registered: December 11, 2010Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by IrishWind:
When the Sig Brace was rolled out, this board, right here, was fun to watch. Half the board was running around singing it was a free SBR. The other half, me included, saw an unregistered SBR that the ATF will go after. And her we are. Maybe if people took some happy snaps and posted them using the brace as intended, we wouldn't be here. But it wasn't until Q's Honey Badger 2.0 was rejected for sale by Trump's ATF that we saw manufactures showing the brace being used as a brace in their literature. Some of us, like me, went ahead and complied with the NFA law, even if we thought it was dumb, just to get an SBR. But some people relish the idea of going to prison for the next 20+ years. I prefer my ass be not be used as currency in Club Fed. Not that there is anything wrong with that. But there are better ways to satisfy that need for the 'down low'. One just needs to Google "Gilbert AZ gay bars" to start that journey... (again, not that there is anything wrong with that)


While you're rubbing your hands together with glee, I'll take this opportunity to tell you I have exactly one gun with a brace on it, and it's because I bought it that way this last June. I've got several guns I'm going to do a Form 1 on, and I don't think I'm going to take the gamble on the "free tax stamp" for the one because as I read it, that's your route to an SBR as an individual, not through a trust.

I've long expected them to go after braces, but I'm not going to celebrate that it finally happened. I don't really have any skin in this game, but my position is solidly "fuck the ATF." If you wanna simp for a three letter agency and gush at the idea of gun owners being targeted, that's certainly your right. What it gets you, I have no idea and I don't think you could explain it in a way that looks good on you.


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Carthago delenda est
 
Posts: 17124 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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quote:
Originally posted by P220 Smudge:
While you're rubbing your hands together with glee, I'll take this opportunity to tell you I have exactly one gun with a brace on it, and it's because I bought it that way. I've got several I'm going to do a Form 1 on, and I don't think I'm going to take the gamble on the "free tax stamp" because as I read it, that's your route to an SBR as an individual, not through a trust.

I just test drove the Pistol Brace Tax-exempt version of the eForm1. I does have instructions for Trust filing, so you can file as a Trust. It states the Pistol Braced now-SBR needs to be owned by the Trust prior to the ATF Rule, but that's just a matter of having it on the Schedule as far as I'm aware. I assume it would state the same ownership requirement for an individual as well. The Firearm just needs to be purchased prior to the publication of rule in the Federal Register in order to qualify as Tax-exempt.


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 8880 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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Anddddd once we get these registered as SBR's, we get to file a another ATF form to be able to take it outside of the state we reside in and we are not allowed to carry it to states that have laws banning SBR's and if I have read the rules properly you cannot even transport them through said states. Major Cluster flake!



The “POLICE"
Their job Is To Save Your Ass,
Not Kiss It

The muzzle end of a .45 pretty much says "go away" in any language - Clint Smith
 
Posts: 2890 | Location: See der Rabbits, Iowa | Registered: June 12, 2007Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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^^^And, while a loaded 'Pistol' is OK to have in your car, and Loaded SBR is NOT legal in many (most?, all??) states, so there's that too!


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 8880 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by nhracecraft:
I just test drove the Pistol Brace Tax-exempt version of the eForm1. I does have instructions for Trust filing, so you can file as a Trust. It states the Pistol Braced now-SBR needs to be owned by the Trust prior to the ATF Rule, but that's just a matter of having it on the Schedule as far as I'm aware. I assume it would state the same ownership requirement for an individual as well. The Firearm just needs to be purchased prior to the publication of rule in the Federal Register in order to qualify as Tax-exempt.


Interesting. So, if I got my trust established this last week, and haven't done anything with it yet, I'm out of luck? Or is that time limit at the end of the 120 days?

Navigating all this NFA stuff for the first time with this curveball thrown in... this is a engineered minefield.


______________________________________________
Carthago delenda est
 
Posts: 17124 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Leatherneck
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Hey fellas…

For the most part we are all on the same side here. Of course we don’t agree on everything but I’d bet that if we all got to vote on abolishing all gun control laws and the ATF, as a forum, we’d pretty much be 99.9% for their demise.

The laws are the laws. The decisions are the decisions. I have not decided what I’m doing yet but I personally would love to have a discussion about the situation without anyone taking questions or comments personally.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15254 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
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quote:
Originally posted by 1s1k:
This has to be one of the dumbest gun laws on the books and there are plenty. Do braces really pose any type of extra threat what so ever. Kinda like Short barrel rifles. OMG someone could sneak one in since it’s a couple inches shorter. Give me a break.


I guess you don't know that arm braces are like bump stocks and make guns fully automatic assault weapons. At least some congress people think so. Can you feel Massie's frustration arguing with these people?




"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19659 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Shall Not Be Infringed
Picture of nhracecraft
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quote:
Originally posted by P220 Smudge:
quote:
Originally posted by nhracecraft:
I just test drove the Pistol Brace Tax-exempt version of the eForm1. I does have instructions for Trust filing, so you can file as a Trust. It states the Pistol Braced now-SBR needs to be owned by the Trust prior to the ATF Rule, but that's just a matter of having it on the Schedule as far as I'm aware. I assume it would state the same ownership requirement for an individual as well. The Firearm just needs to be purchased prior to the publication of rule in the Federal Register in order to qualify as Tax-exempt.


Interesting. So, if I got my trust established this last week, and haven't done anything with it yet, I'm out of luck? Or is that time limit at the end of the 120 days?

Navigating all this NFA stuff for the first time with this curveball thrown in... this is a engineered minefield.

From the ATFeForm1 Page:
quote:
To lawfully register the firearm to a trust, the trust must have possessed the firearm before January 13, 2023. Accordingly, you must submit with the application documentation that establishes the trust possessed the firearm before January 13, 2023.

Can I register my "stabilizing brace" equipped firearm to my trust pursuant to ATF Final Rule 2021R-08F?

A trust may not register a “stabilizing brace” equipped firearm pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm before January 13, 2023.

Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of "stabilizing brace" equipped firearms that meet the definition of "rifle" and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person1 who possessed the "stabilizing brace" equipped firearm prior to January 13, 2023.

Accordingly, any trust that seeks to register a "stabilizing brace" equipped firearm pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust is the current possessor of the "stabilizing brace" equipped firearm, and possessed it before January 13, 2023. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. Accordingly, for trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust before January 13, 2023. Therefore, an eForm 1 application to register a "stabilizing brace" equipped firearm to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearm before January 13, 2023.

How can a current possessor who is an individual register a "stabilizing brace" equipped firearm to a trust or other legal entity?

A "stabilizing brace" equipped firearm that is currently possessed by an individual after January 13, 2023 can only be registered to that individual pursuant to Final Rule 2021R-08F. Any individual possessing a "stabilizing brace" equipped firearm in his or her individual capacity who wants to register the firearm to a trust or other legal entity must first register the firearm as an individual within the 120-day tax forbearance period, then submit a tax-paid ATF Form 4 transferring the firearm from the individual to the trust or other legal entity.

There was a separate instruction/acknowledgement that indicated that any Trust would need to have all relevant documents establishing the Trust executed and notarized prior to January 13, 2023 as well. On my Trust, all Trust property is listed on 'Schedule A'. While that document is signed and dated, I have NEVER submitted a 'notarized copy' of this document to the ATF.

Here's something to think about: Prior to yesterday, all these Pistols w/ Stabilizing Braces were not regulated by the NFA, so why would they be listed on a Property Schedule of an NFA Trust?

IANAL, but regardless, you would be well advised to consult with the attorney that did your Trust on this. Hope this helps.


____________________________________________________________

If Some is Good, and More is Better.....then Too Much, is Just Enough !!
Trump 2024....Save America!
"May Almighty God bless the United States of America" - parabellum 7/26/20
Live Free or Die!
 
Posts: 8880 | Location: New Hampshire | Registered: October 29, 2011Reply With QuoteReport This Post
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Just reading the above post is more than enough reason for me to not do any of that.
I'd have to do all that for something that I legally bought that was okay in the eyes of the ATF at one time? Insanity.
Correct me if I'm wrong here but I thought I may have read somewhere that the companies that are making theses braces submitted a brace for ATF approval and everything was hunky dory at that time? Maybe I'm wrong and didn't read that.
If I did read that and I'm correct, why in the name of Hell would I now register something that was fine in the beginning?
It's a moot point to me anyways as I'll never register it. I counted the days and May 14th I become a felon. I won't be alone I'm sure.
No tough guy act, I just refuse to have any firearm or accessory I own be on the NFA list. I don't own a suppressor or anything just for that reason alone.
What will happen? Who knows.


I'd rather be hated for who I am than loved for who I'm not.
 
Posts: 3652 | Location: The armpit of Ohio | Registered: August 18, 2013Reply With QuoteReport This Post
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