HD Tactical

Braced Pistols to become SBR's starting in December?

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  • Snake-Eyes

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    Unrelated to Braces, but this is also applicable to the those FRT triggers as well!!!

    A) It’s related to braces because it addresses the same oversteps from the same agency. Any lawyer could cite this judgement logic when suing against whatever BS the BATFECES says about restricting braces.

    2) Yeah, FRT, binaries, etc, EXCEPT “some” states like Florida wrote their own damn laws to restrict sales... like “high capacity” magazines in NewYorkistan.

    With all the wins in Kommiefornia and NewYorkistan, plus these recent ones, when will all of the remaining infringements get struck down?
     

    Combatcarl43

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    A) It’s related to braces because it addresses the same oversteps from the same agency. Any lawyer could cite this judgement logic when suing against whatever BS the BATFECES says about restricting braces.

    2) Yeah, FRT, binaries, etc, EXCEPT “some” states like Florida wrote their own damn laws to restrict sales... like “high capacity” magazines in NewYorkistan.

    With all the wins in Kommiefornia and NewYorkistan, plus these recent ones, when will all of the remaining infringements get struck down?
    Sorry, it's been a long day and I just realized how terrible my post was..
    What I meant to say what my post wasn't necessarily related to Braces. I was adding that this case would also relate to FRT because it was the same issue where FRT's were just unilaterally "declared" illegal by the ATF..
     

    nwfdub

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    So then 80% pistol kits too?
    That's a whole nother ball o wax. Recently, after the ruling, BATFE sent a letter to every FFL concerning that very thing. In it, they outlined moving forward these are considered firearms and the normal checks are in place. It charges the FFL to apply any nonexistent serial. Meaning if you have one, best not to ever have it serviced, or it will come back with a record. That being said, same crap of them changing the rules. This despite 80% being named as a plaintiff and told they can't do this.

    Sent from my SM-G736U using Tapatalk
     

    lakelandmusic

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    I have hope for this, though the government is so out of control it's hard to know. The legal system sometimes works for the people, and other it's entirely ignored by the government or used to unfairly punish and steal from us. I really hope it's the first one this time.
     

    Combatcarl43

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    So then 80% pistol kits too?
    Do you mean as in 80% would require legislation to declare illegal?? If so the answer would be yes. and I would Ref West Virginia v. EPA..
    An Agency can't write law.
    I mean really all gun control is bullshit and Unconstitutional.. But the "rules" on Braces, and 80% etc. are even more so if that's possible.
     

    Longtooth

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    FOR IMMEDIATE RELEASE

    January 13, 2023
    Washington, D.C. – Today, in their latest assault on the Second Amendment rights of gun owners, the Biden ATF issued their final rule to reclassify millions of commonly-owned pistol braced firearms as illegal short-barreled rifles and shotguns under the antiquated and draconian National Firearms Act of 1934. President Biden’s executive action will force gun owners to register guns with the federal government and will infringe on the Second Amendment. The rule has faced significant opposition within the firearms industry and Second Amendment community, as the independent Congressional Research Service estimates that up to 40 million of these braces are currently in civilian circulation.
    Erich Pratt, GOA’s Senior Vice President, issued the following statement:
    “This administration continues to find new ways to attack gun owners, and this time their target is brace-equipped firearms that allow persons with disabilities to safely and effectively use pistols. We will continue to work with our industry partners to amplify the disapproving voices in the firearms industry, and the Gun Owners Foundation, our sister legal arm, will be filing suit in the near future.”
    Aidan Johnston, GOA’s Director of Federal Affairs, added:
    “President Biden just initiated the largest federal gun registration scheme in our nation’s history without even the passage of a new law. GOA is actively working with Congress to pass a resolution blocking this rule under the Congressional Review Act, and we continue to lobby lawmakers to support Rep. Clyde and Sen. Marshall’s Stop Harassing Owners of Rifles Today (SHORT) Act. If President Biden will not sign such legislation, then Congress must defund this rogue agency.”
    GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
    -GOA-




    Can't wait to see this all play out.
     

    Combatcarl43

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    The easiest way around the 80% rule is the 3D printer.. other wise chip in on a 0% mill from Defense distributed.
     

    Daezee

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    At least they addressed one of my comments. I.e., If bought from the factory equipped with a brace, the factory made it, not me. Thus the factory markings on the firearm will suffice.

    • If the SBR equipped with a “stabilizing brace” is registered within the 120-day tax forbearance period, the possessor is allowed to adopt the markings on the firearm. The maker’s marking exception is only applicable to firearms that are registered pursuant to the final rule. If the firearm is a personally made firearm, the possessor must mark in accordance with 27 CFR 478.92 & 479.102 prior to submitting the E-Form 1.
     

    rossi

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    stage20

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    • If the SBR equipped with a “stabilizing brace” is registered within the 120-day tax forbearance period, the possessor is allowed to adopt the markings on the firearm.
    120 days for 40 million people to register and they can't even take care of a small number of suppressors and SBR in a timely fashion. They are making an impossible rule and that's what they want.
     

    Daezee

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    120 days for 40 million people to register and they can't even take care of a small number of suppressors and SBR in a timely fashion. They are making an impossible rule and that's what they want.
    It’s being reported that the eforms website has now crashed. I’ve not verified it personally. I already have the fingerprint cards to complete.
     

    stage20

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    It’s being reported that the eforms website has now crashed. I’ve not verified it personally. I already have the fingerprint cards to complete.
    It will be running like a sewing machine on the 121st day when you have to pay.
    It's part of the plan. Hope it all gets shot down. Literally.
     
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    Imnotbruce

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    Those few individuals that would enforce the ATF's will have addresses and families, I sincerely hope they'll keep this in mind moving forward.

    I'm starting to wonder just how much they meant it when the County commissioners declared Escambia County (FL) a 2A sanctuary.
     

    Rebel_Rider1969

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    Those few individuals that would enforce the ATF's will have addresses and families, I sincerely hope they'll keep this in mind moving forward.

    I'm starting to wonder just how much they meant it when the County commissioners declared Escambia County (FL) a 2A sanctuary.
    I think we'll find out. Just like the nonsense in Illinois today.
     

    M60Gunner

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    I gotta do some reading. So is this only for less than 16 in barrels? What about 10.5 in with a reg stock not a kak or other brace?
     

    Imnotbruce

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    I gotta do some reading. So is this only for less than 16 in barrels? What about 10.5 in with a reg stock not a kak or other brace?
    I've heard some people say ar15 pistols without a brace will not be affected but per the language they use the surface area on the back of the buffer tube runs afoul of the new definition.

    Accordingly, the Department amends the definition of “rifle” under 27 CFR 478.11 and 479.11 to expressly state that the term “designed or redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the amended regulations and described in this preamble, indicate that the weapon is designed, made, and intended to be fired from the shoulder. The other factors are:
    (1) whether the weapon has a weight or length consistent with the weight or length of similarly designed rifles
    (2) whether the weapon has a length of pull, measured from the center of the trigger to the center of the shoulder stock or other rearward accessory, component or attachment (including an adjustable or telescoping attachment with the ability to lock into various positions along a buffer tube, receiver extension, or other attachment method), that is consistent with similarly designed rifles
    (3) whether the weapon is equipped with sights or a scope with eye relief that require the weapon to be fired from the shoulder in order to be used as designed
    (4) whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations
    (5) the manufacturer’s direct and indirect marketing and promotional materials indicating the intended use of the weapon
    (6) information demonstrating the likely use of the weapon in the general community.
    All of the objective design features and factors listed in the rule that indicate the weapon is designed, made, and intended to be fired from the shoulder are derived from the NPRM and proposed Worksheet 4999.
     
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