Pistol Brace Amnesty/Registration

[Maverick44]

Unless it is removed from the registry, it is an SBR no matter what stock you have on it.

That wasn't the question he asked though. As it pertains to crossing state lines, the ATF only cares if the firearm is currently configured as a NFA item. If you put a pistol brace on or slap a 16" upper on a SBR receiver, it is effectively no longer a NFA item and therefore not subject to the requirement for ATF approval for interstate travel.

Also, what you said is not quite true. A SBR is not always a SBR. It's only a SBR if it has a short barrel (it's in the name ). If you remove the short barrel and don't replace it with another short barrel, that firearm is no longer an NFA item and can be treated or sold as you could any other rifle. It doesn't matter if the lower is on the registry as a SBR. Without a short barrel, it's not a NFA item, and you have no duty to even notify the ATF of this. This is from the ATF's old website.

Q: May I transfer the receiver of a short-barrel rifle or shotgun to an FFL or to an individual as I would any GCA firearm?
A: Yes. A weapon that does not meet the definition of a NFA firearm is not subject to the NFA and a possessor or transferor needn't comply with NFA requirements. The firearm is considered a GCA firearm and may be transferred under the provisions of that law.

Q: Who is responsible for notifying the NFA Branch when I transfer the GCA firearm to a FFL or another individual?
A: There is no requirement that the transferor or transferee of a GCA firearm notify the NFA branch of a transfer or that either party determine whether the firearm was previously registered under the NFA. There is no also no requirement for the registrant or possessor of a NFA firearm to notify ATF of the removal of features that caused the firearm to be subject to the NFA; however, ATF recommends the owner notify the NFA Branch in writing if a firearm is permanently removed from the NFA.

Q: Does the installation of a barrel over 16 inches in length (SBR) or 18 inches in length (SBS) remove the firearm from the purview of the NFA? If so, is this considered a permanent change?
A: Installation of a barrel greater than 16 inches in length (SBR) or 18 inches in length (SBS) will remove the firearm from the purview of the NFA provided the registrant does not maintain control over the parts necessary to reconfigure the firearm as a SBR or SBS.

 

[Darkpriest667]

Anybody know the answer to these hypothetical questions? Assume you have a registered SBR. Can you remove the stock from your registered SBR and take it across state lines as a pistol without an ATF permission slip?

Assume the brace rule gets struck down and braced pistols are legal (again). Could you install a brace on it and take it across state lines without the permission slip?

Or is it always treated as SBR no matter what form it is in because it has been registered?

An attorney could correct me but once a LOWER is registered as a SBR it will ALWAYS be an SBR no matter what. Unless you disassemble everything and leave the lower at home dragging the registered lower across state lines will be moving an SBR.

 

[GeorgeS]

Not quite. On a tax-paid Form 1, it stays in the NFRTR as an SBR (unless you request it to be removed); if it is reconfigured (even temporarily) as a "regular" rifle, it can cross state lines without a 5320.20 notification.

 

[V-Tach]

I wouldn't......

 

[JayeMechanico]

Obviously with all of this back and forth between opinions and legalities, it's safe to say not to cross state lines with a registered receiver without notifying the ATF of your intentions or face your peril of lawers/jail/fees if pulled over out of state. If you registered your pistol during this unconstitutional power grab, you played yourself plain and simple. You should have let the law take it's course against tyrants.
At this point, enjoy your stocked SBR here in Texas and just go buy/build a pistol of your liking, cheaper than lawyers and takes the guess work out. Consider it a lesson learned.

 

[jimbo]

Obviously with all of this back and forth between opinions and legalities, it's safe to say not to cross state lines with a registered receiver without notifying the ATF of your intentions or face your peril of lawers/jail/fees if pulled over out of state. If you registered your pistol during this unconstitutional power grab, you played yourself plain and simple. You should have let the law take it's course against tyrants.
At this point, enjoy your stocked SBR here in Texas and just go buy/build a pistol of your liking, cheaper than lawyers and takes the guess work out. Consider it a lesson learned.

It's so good to have all these opinions about the pistol brace controversies. Opinions are like ears, everyone has at least one.

 

[AKM47]

Just wondering

Is the injunction just for those who already have a pistol with a brace or does it include those who go out and buy a pistol with a brace today

 

[glenbo]

Just wondering

Is the injunction just for those who already have a pistol with a brace or does it include those who go out and buy a pistol with a brace today

That's the question of the week.

 

[Bozz10mm]

Just wondering

Is the injunction just for those who already have a pistol with a brace or does it include those who go out and buy a pistol with a brace today

You can buy the pistol and brace separately. Or maybe one of these handle bar grips would work.

Amazon product ASIN B0CKSQBXQQ

 

[Shady]

i love how gun people want to make things more complex than they are by adding rules to things that are just pulled out of there ass err I mean professional gun web pages.

 

[majormadmax]

Just wondering

Is the injunction just for those who already have a pistol with a brace or does it include those who go out and buy a pistol with a brace today

Not a lawyer, but an injunction temporarily bans a ruling from being enforced, so braces are legal to purchase, possess and use until such time as the injunction is overturned or the law changed...

 

[toddnjoyce]

Not a lawyer, but an injunction temporarily bans a ruling from being enforced, so braces are legal to purchase, possess and use until such time as the injunction is overturned or the law changed...

Correct; even pre-injunction it was legal to purchase and possess a brace so long as it wasn’t attached to an AR pistol. ATF made it clear they could not regulate the brace, just a pistol that might be capable of being shouldered. I *just might* have a rifle with a brace sitting around somewhere.

 

[ZX9RCAM]

So, pistols with braces are "currently" legal to use?

 

[cycleguy2300]

So, pistols with braces are "currently" legal to use?

I never stopped...

Sent from my SM-S918B using Tapatalk

 

[ZX9RCAM]

I never stopped...

Sent from my SM-S918B using Tapatalk

I don't mean at the range.
I mean in the car, traveling, and possibly having to use it, legal.

 

[majormadmax]

I don't mean at the range.
I mean in the car, traveling, and possibly having to use it, legal.

Yes.

 

[cycleguy2300]

I don't mean at the range.
I mean in the car, traveling, and possibly having to use it, legal.

Well, its my 11.5, supressed AR that is my go-to car gun and I shoot at my RnG matches so I use it...

Sent from my SM-S918B using Tapatalk

 

[TNMike]

Judge Blocks ATF From Enforcing Biden's Pistol Brace Rule Nationwide - Firearms News

Judge Blocks ATF From Enforcing Biden's Pistol Brace Rule Nationwide

www.firearmsnews.com

Judge Blocks ATF From Arresting Millions Of Pistol Brace Owners

The Texas judge is the first judicial authority to apply his injunction to all pistol brace owners, not just the plaintiffs bringing the case.

thefederalist.com

It seems they are legal again...for now

 

[Bozz10mm]

Yeah, I heard that too.

 

[etmo]

I'm pretty sure we'll get a permanent injunction, too
but the govt doesn't run out of money nor time, this will come back around. They'll fix the procedural crap and it'll have to be fought again.