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Posted: 12/16/2020 7:57:01 PM EDT
12/23 ATF retreats for now

12/18 Notice open for comment


12/17 Official Federal Register Notice

Interview with SB Tactical owner
Pistol Brace Creator Talks w/The Gun Collective about ATF Flip Flopping



updated MAC video
UPDATE: DOJ and ATF stance on braced pistols


In the next 48 hours the DOJ will publish a letter for a rule change on the Federal Register that will possibly change the public perception of braces and place the ATF in a position to rule on any individual braced pistol to be an illegal SBR. Things like caliber, length of pull, accessories like scopes, forward hand grips, drum magazines and bipods may lead the ATF to deem your particular firearm to be an illegal SBR. However, the letter does not offer any detailed guidance as to the specifics such as the calibers that make it a SBR, the specific length of pull, the weight, etc. it only speaks in generalities. Because the letter does not clearly define what is a legal braced configuration vs. an illegal SBR, it leaves owners to guess for themselves what might be legal and what isn't.

Owners will have the option of registering their braced pistol on the NFA but the tax will we waived as long as the gun was in said configuration prior to the publication of the DOJ letter. You will also be able to remove the brace, surrender the gun, change the barrel length to 16" or destroy the firearm. The letter on the Federal Register will be open for comments for 2 weeks. The end of the letter states that the rule change does not carry the force of law. So what does it mean? Only the ATF and DOJ seem to know.

Welcome to the largest gun registration scheme in US history. I hope you're as pissed off as I am. More to come.
View Quote

Prince law blog post

In a 16 page draft copy of proposed rulemaking specifying "Objective Factors for Classifying Stablizing Braces", the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when "evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act ('NFA') and/or the Gun Control Act ('GCA)" and the Department of Justice's plan to "subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA."

While the proposed rulemaking has not yet been published in the Federal Register, it is expected to be published in the upcoming weeks and interestingly  seemingly in violation of the law  ATF is only providing a 14 day comment period, at least, pursuant to the draft copy. "Written comments must be postmarked and electronic comments must be submitted on or before [INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]." It would not surprise me if the proposed rulemaking is published on December 24th, so that most interested individuals and businesses will be distracted by the holidays and unable to respond in the two week response period. To prevent against these types of shenanigans, the Gun Control Act mandates a 90 day comment period.
View Quote

magic get your free tax stamp part

Consequently, following issuance of this notice, ATF and DOJ plan to implement a separate process by which current possessors of affected stabilizer-equipped firearms may choose to register such firearms to be compliant with the NFA. As part of that process, ATF plans to expedite processing of these applications, and ATF has been informed that the Attorney General plans retroactively to exempt such firearms from the collection of NFA taxes if they were made or acquired, prior to the publication of this notice, in good faith. This separate process may include the following options: registering the firearm in compliance with the NFA (described above), permanently AS SUBMITTED removing the stabilizing brace from the firearm and disposing of it, replacing the barrel  of the firearm (16" or greater for a rifle, or 18" or greater for a shotgun), surrendering the firearm to ATF, or destroying the firearm.
View Quote

Link Posted: 12/16/2020 7:59:05 PM EDT
[#1]
FATF
Link Posted: 12/16/2020 7:59:07 PM EDT
[#2]
Yeah nobody saw that coming years ago.
Link Posted: 12/16/2020 7:59:30 PM EDT
[#3]
Make things up as you go. This is just the beginning. Wait till you see what other agencies and departments come up with.
Link Posted: 12/16/2020 7:59:31 PM EDT
[#4]
ATF gonna have 87 million new SBR apps.
Link Posted: 12/16/2020 7:59:32 PM EDT
[#5]
Good luck with that. How many braces and pistols are out there now?
Link Posted: 12/16/2020 8:00:22 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Good luck with that. How many braces and pistols are out there now?
View Quote
a lot
Link Posted: 12/16/2020 8:00:32 PM EDT
[#7]
I call incomplete information or BS. Federal register public comment periods are 30 days minimum typically. Something as controversial as this with a 20 day comment period is 1. too short for adequate public participation, and 2. a very random choice if time period (20 days).
Link Posted: 12/16/2020 8:00:39 PM EDT
[#8]
Link Posted: 12/16/2020 8:01:01 PM EDT
[#9]
My guess is that anything in 5.56 and 7.62 will be an SBR
Link Posted: 12/16/2020 8:01:20 PM EDT
[#10]
I guess the pistol I was about to Form 1 anyway is about to be tax free.

Other than that, fuck that ruling. Sick and tired of infringement and the ATF ruling by decree.
Link Posted: 12/16/2020 8:01:21 PM EDT
[#11]
Where’s the prepublication notice for something this impactful and controversial?
Link Posted: 12/16/2020 8:02:43 PM EDT
[#12]
It's just a toy right. Who needs one....right GD?

Remember, bump stocks were only the beginning...and we got Trump to thank for getting the psrty started.
Link Posted: 12/16/2020 8:02:43 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Where's the prepublication notice for something this impactful and controversial?
View Quote
MAC has been fucking right on about stuff like this.  100% success rate if I'm not mistaken.
Link Posted: 12/16/2020 8:03:17 PM EDT
[#14]
"Owners will have the option of registering their braced pistol on the NFA but the tax will we waived as long as the gun was in said configuration prior to the publication of the DOJ letter."

Why was that option never offered for those with bumpstocks?

And if they can just waive the tax for this why can't they waive the tax for anything else.....say like every semiauto rifle and +10 mag in existence?
Link Posted: 12/16/2020 8:03:23 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Where’s the prepublication notice for something this impactful and controversial?
View Quote


Right here: https://princelaw.files.wordpress.com/2020/12/atf-federal-register-notice-objective-factors-for-classifying-stablizing-braces-draft-12-16-20.pdf
Link Posted: 12/16/2020 8:03:53 PM EDT
[#16]
Winning bigly we are!
Link Posted: 12/16/2020 8:04:30 PM EDT
[#18]
Owners will have the option of registering their braced pistol on the NFA but the tax will we waived as long as the gun was in said configuration prior to the publication of the DOJ letter.
View Quote


On the plus side, free SBR registration for the next 48 hours!
Link Posted: 12/16/2020 8:04:34 PM EDT
[#19]
So, I can register it for free and then take the brace off and put a stock on it?
Link Posted: 12/16/2020 8:04:54 PM EDT
[#20]
After the first felony, all the rest are free.
Link Posted: 12/16/2020 8:05:05 PM EDT
[#21]
Free sbr stamp, that's one upside. My lower is already on the books anyway.
Link Posted: 12/16/2020 8:05:16 PM EDT
[#22]
Big Swamp Barr's legacy. Might be gone but he was as pro gun control as they come.
Link Posted: 12/16/2020 8:05:21 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History


That’s a petition for review lawsuit in the making right there...
Link Posted: 12/16/2020 8:05:41 PM EDT
[#24]
Does the waiver of the tax seem cat-fishy?
Link Posted: 12/16/2020 8:06:35 PM EDT
[#25]
No....
Link Posted: 12/16/2020 8:06:51 PM EDT
[#26]
Will not comply, fuck the ATF.
Link Posted: 12/16/2020 8:07:03 PM EDT
[#27]
Lol we are already a year out for a simple suppressor stamp how long is it gonna be when millions of free sbr stamp applications are turned in?
Link Posted: 12/16/2020 8:07:12 PM EDT
[#28]
They paying for engraving as well Or maybe they waive engraving just this time.... fuckers.


Link Posted: 12/16/2020 8:07:48 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
"Owners will have the option of registering their braced pistol on the NFA but the tax will we waived as long as the gun was in said configuration prior to the publication of the DOJ letter."

Why was that option never offered for those with bumpstocks?

And if they can just waive the tax for this why can't they waive the tax for anything else.....say like every semiauto rifle and +10 mag in existence?
View Quote


Probably the idea. Float it, see how it’s accepted. “Easy” self-registration without the ATF having to do anything other than process electronic forms.
Link Posted: 12/16/2020 8:07:51 PM EDT
[#30]
I can print 5 tailhook mod 1 knockoffs at a time. 3D print go brrrrrrrt beeeeep boooop
Link Posted: 12/16/2020 8:08:16 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
ATF gonna have 87 million new SBR apps.
View Quote
Or 0. I hope..
Link Posted: 12/16/2020 8:08:33 PM EDT
[#32]
So if I register, fee waived, and it becomes a SBR then I can remove the brace and put on a stock?

Quoted:
So, I can register it for free and then take the brace off and put a stock on it?
View Quote



Oops, missed this!
Link Posted: 12/16/2020 8:08:57 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


That’s a petition for review lawsuit in the making right there...
View Quote


It is kind of egregiously ridiculous.  I mean even the most coked up trust fund lawyer working at ATF to keep his family happy has to realize that’s going to be a problem in court.
Link Posted: 12/16/2020 8:09:14 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Does the waiver of the tax seem cat-fishy?
View Quote
No, it's the only way they'll get people to even consider it.
Link Posted: 12/16/2020 8:09:19 PM EDT
[#35]
Link Posted: 12/16/2020 8:09:45 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So, I can register it for free and then take the brace off and put a stock on it?
View Quote


PDF page 12 of the as prepublication notice would indicate so.
Link Posted: 12/16/2020 8:09:57 PM EDT
[#37]
What fucking Bullshit.  I will not comply.  There are millions of these.

Where is the NRA??

Start emailing POTUS and tell him the ATF is violating his EO.
Link Posted: 12/16/2020 8:10:10 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Probably the idea. Float it, see how it’s accepted. “Easy” self-registration without the ATF having to do anything other than process electronic forms.
View Quote

Trial run for AWs?

Wonder what they'd do if nobody did it.
Link Posted: 12/16/2020 8:10:34 PM EDT
[#39]
Im tempted to do one lower to have an sbr. But then Im worried of the ass raping when Va passes the Va Safe Act this year.
Link Posted: 12/16/2020 8:11:08 PM EDT
[#40]
And what are the regulations if you completely remove the brace and have just a buffer tube?
Link Posted: 12/16/2020 8:11:11 PM EDT
[#41]
tag
Link Posted: 12/16/2020 8:11:27 PM EDT
[#42]
People will need to remember that one of the most powerful words in English is simply "No". A good hardy "Fuck You" shortly after never hurt ether.
Link Posted: 12/16/2020 8:11:52 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
My guess is that anything in 5.56 and 7.62 will be an SBR
View Quote



Why even take comments. They already know what they are doing.
Link Posted: 12/16/2020 8:11:55 PM EDT
[#44]
Something something registration leads to confiscation....

Quick everyone! Free registration! Please sign up and tell us who all has “assault weapons” and we promise we won’t do anything with the info.
Link Posted: 12/16/2020 8:11:57 PM EDT
[#45]
The law exists as a cudgel to be used by liberals against the opposition. The courts will not protect you.
Link Posted: 12/16/2020 8:11:57 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So, I can register it for free and then take the brace off and put a stock on it?
View Quote

Link Posted: 12/16/2020 8:12:01 PM EDT
[#47]
For the arflawyers, how does this not open up the whole NFA up to a void for vagueness argument?

From LII at Cornell:

Under vagueness doctrine, a statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
Link Posted: 12/16/2020 8:12:06 PM EDT
[#48]
Anyone even thinking of registering as an SBR is an idiot




Link Posted: 12/16/2020 8:12:43 PM EDT
[#49]
Still the hill to die on or did that free tax stamp drop all resistance?
Link Posted: 12/16/2020 8:13:00 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So if I register, fee waived, and it becomes a SBR then I can remove the brace and put on a stock?




Oops, missed this!
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So if I register, fee waived, and it becomes a SBR then I can remove the brace and put on a stock?

Quoted:
So, I can register it for free and then take the brace off and put a stock on it?



Oops, missed this!

Seems legit. Maybe?
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