Pistol Brace Amnesty/Registration

[majormadmax]

Just curious about some thing that popped into my head. The ATF claims only 250,000 applications were made for the pistol brace amnesty.

Does that give them leverage for an argument that pistol races are not in common usage since theoretically only 250,000 were registered and thus “legal”.

I’ve heard that there were tens of millions sold, but in the ATF claim that those were destroyed since they were not registered and that’s not in “common use” anymore?

It's a fair question, but at this point I think it's also moot given the ATF has already issued its final ruling (2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces”) amending its regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.

That final rule was published in the Federal Register on January 31, 2023, so I don't see the point of any further arguments being leveraged.

On a different note, cute Schnauzer!

 

[majormadmax]

Right,

1. You could remove the brace from your firearm, which means it is not in use anymore.

2. You could register the brace

3. you could destroy the brace.

I think these were the only way you could come into compliance, but I could be mistaken.

So what I was thinking was; only the ones that got registered are actually “in use” and in compliance and thus, legal.

Would this enable the ATF to come back and claim that only 250,000 were in use, this would be a small enough number, that they could say they are not in common use, and therefore fall under the NFA.

And yes, I probably am over thinking this, but this is the ATF were talking about.

Here are the five options the ATF "offered":

1. Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm.

2. Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached.

3. Turn the firearm into your local ATF office.

4. Destroy the firearm.

5. Register the weapon as set forth below depending on your category of possessor

https://www.atf.gov/rules-and-regulations/docs/undefined/finalrule2021r-08f508pdf/download

 

[black_ice]

I just got an email saying I was approved today. Have no idea what that means.


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[Otto_Mation]

I just got an email saying I was approved today. Have no idea what that means.


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Well that means that you have a legal SBR. You should have received a pdf file with that email. Print it and keep it with your gun and have fun with your SBR. Take the brace off and put a real stock on it.

ETA: If the stock changes the OAL just send them a letter about the change and you are done.

 

[majormadmax]

I just got an email saying I was approved today. Have no idea what that means.


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Congrats!

When did you submit your eForm 1?

 

[black_ice]

Congrats!

When did you submit your eForm 1?

May 29th. I waited until the last minute hoping it would get pushed.

I wasn’t going to do anything but I’m always driving from Baton Rouge to my place in South Texas and the AR pistol is always with me.


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[majormadmax]

By the way, today marks 80 days since I filed my eForm 1...

Also known as...

• 6,912,000 seconds
• 115,200 minutes
• 1920 hours
• 11 weeks and 3 days
• 21.92% of 2023

 

[majormadmax]

May 29th. I waited until the last minute hoping it would get pushed.

I wasn’t going to do anything but I’m always driving from Baton Rouge to my place in South Texas and the AR pistol is always with me.


Sent from my iPhone using Tapatalk Pro

So you filed 26 days after I did, but have been approved whereas I am still waiting...

 

[Otto_Mation]

May 29th. I waited until the last minute hoping it would get pushed.

I wasn’t going to do anything but I’m always driving from Baton Rouge to my place in South Texas and the AR pistol is always with me.


Sent from my iPhone using Tapatalk Pro

There is the rub with an SBR, now to cross state lines with it you have to have permission from the ATF. You need to look into that. I'm not saying that it is right, just letting you know.

 

[PinnedandRecessed]

There is the rub with an SBR, now to cross state lines with it you have to have permission from the ATF. You need to look into that. I'm not saying that it is right, just letting you know.

True story

 

[Bozz10mm]

You should have received a pdf file with that email. Print it and keep it with your gun and have fun with your SBR. Take the brace off and put a real stock on it.

ETA: If the stock changes the OAL just send them a letter about the change and you are done.

I was wondering if they were going to mail the original or if the PDF is all I get. So now I know. Also, what if a stock changes the OAL and you don't notify ATF? Asking for a friend.

 

[TheMailMan]

May 29th. I waited until the last minute hoping it would get pushed.

I wasn’t going to do anything but I’m always driving from Baton Rouge to my place in South Texas and the AR pistol is always with me.


Sent from my iPhone using Tapatalk Pro

Now file a 20 for 365 days so you can legally take the SBR across state lines.

 

[TheMailMan]

I was wondering if they were going to mail the original or if the PDF is all I get. So now I know. Also, what if a stock changes the OAL and you don't notify ATF? Asking for a friend.

Nothing.

 

[mc219]

was out of state during amnesty period and now the ruling is in the courts, have been advised by others to just keep the pistol disassembled and wait to see what the courts decide

if decided to stamp it post-amnesty, im hearing the wait time is up to 9 months??

 

[GeorgeS]

Tax-paid Form 1s have never taken more than thirty days for me; they are handed by examiners. The forbearance Form 1s for braces came in by the many thousands and were handled by IOIs and contract workers for the most part.
Submit the Form 1 whenever you're ready. If done correctly, you'll get it before you know it.

 

[mc219]

hm anyone know if they will still grant the amnesty for tax post expiry?

Feels silly to pay $200 for something that may get overturned in the near future

 

[toddnjoyce]

hm anyone know if they will still grant the amnesty for tax post expiry?

Feels silly to pay $200 for something that may get overturned in the near future

Nope. And this ain’t an amnesty; the rule period simply allowed ATF to defer collection of the tax for those that applied during the specified period.

 

[DocBeech]

So you filed 26 days after I did, but have been approved whereas I am still waiting...

No real rhyme or reason exists to any approvals from the ATF. I submitted two Form 4s for suppressors on the same day. One came back in 3 weeks, one came back over 12 months later. Both submitted the same day. I submitted two Form 1s for free SBRs and one came back in about 3 weeks, and the other came back in 5 weeks. Both went in at the same time, both electronic.

None of it ever makes sense.

 

[ZX9RCAM]

No real rhyme or reason exists to any approvals from the ATF. I submitted two Form 4s for suppressors on the same day. One came back in 3 weeks, one came back over 12 months later. Both submitted the same day. I submitted two Form 1s for free SBRs and one came back in about 3 weeks, and the other came back in 5 weeks. Both went in at the same time, both electronic.

None of it ever makes sense.

Welcome to the Forum!

 

[majormadmax]

82 days, not including today; a.k.a....

• 7,084,800 seconds
• 118,080 minutes
• 1968 hours
• 11 weeks and 5 days
• 22.47% of 2023