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Braced Pistols to become SBR's starting in December?
- Thread starter Jevaughn
- Start date
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Mind if I ask where you saw a max OAL? From what I was reading I was actually going to go with an a1 buffer tube "purely because the gun runs so much smoother with the longer spring and buffer set up" because I couldn't find anything that actually precluded an OAL for a "pistol".
Boring text from the "final rule" below.
The GCA also defines the term ‘‘handgun’’ as ‘‘(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.’’ 18 U.S.C. 921(a)(30). A pistol, which is a type of handgun, is defined under 27 CFR 478.11 and 479.11 as a weapon originally designed, made, and intended to fire a projectile from one or more barrels when held in one hand that has both a chamber as an integral part of, or permanently aligned with, the bore and a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore.
And
(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; and
(6) Information demonstrating the likely use of the weapon in the general community.
(The text in red COULD preclude an A1 buffer tube but most stocks have a longer LOP than an A1 buffer tube.)
Who am I kidding, an A1 buffer tube will run afoul of the rule because I'm trying to find any little way out of it. Let's be honest non-compliance will be extremely easy because with this large glut of new SBRs in the water no one is going to question whether little ol' law abiding me actually filed for the stamp because everyone has one now due to amnesty.
With so many new form 1 SBRs floating around now due to amnesty registration the ATF might as well have legalized SBRs because there will be so many it won't be worth the effort to verify legal compliance and this will just be used to tack on extra charges to existing criminal cases.
Saying ALSO.
Is it federal law?
They're saying the final ruling on braces is the "proper" interpretation of the GCA and NFA which are existing laws. Manufacturing an SBR without a tax stamp is a violation of federal law. BUT there's so many new SBRs due to amnesty that enforcing the NFA and GCA seems much harder to do.
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 31, 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 31, 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 31, 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 31, 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 31, 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 possessedby an individual after January 31, 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.
[1] For purposes of the NFA, the term "person" is defined as "an individual, a trust, estate, partnership, association, company or corporation." 26 U.S.C. § 7701(a)(1).
It doesn't work like that. You still have rifles and you still have short barrels in your possession. It does not matter if they are in pieces. You have to have permission before acquiring the parts to make a SBR. Might as well just leave the barrels on. Without paperwork you are a potential felon either way.
You just store the barrel somewhere else. When I say somewhere else I mean another address. You don't have to have permission to buy a short barrel you just have to have permission to assemble an SBR. Whether or not someone wants argue "intent" in court is up to them. I do not so I no longer possess the barrel.
Who is doing fingerprints now?
I got mine done at the Pensacola police dept a few years ago for my suppressors, but I was rudely told they don't deal with the public anymore. I really don't want to go to the county sheriff. No appointments and I'm told it's walk in and will fit in.
Complying sucks.
I got mine done at the Pensacola police dept a few years ago for my suppressors, but I was rudely told they don't deal with the public anymore. I really don't want to go to the county sheriff. No appointments and I'm told it's walk in and will fit in.
Complying sucks.
Here's where I got mine https://distinctiveenterprise.com Pam is the supervisor, very nice, if you speak to her, tell her Bruce sent you.
I had them done digital and the EFT file emailed to me. That way I could upload the file repeatedly to ATF for any applications and not worry about mailing fingerprint cards within 10 days of my application and ATF would acknowledge receipt in an email to me the same day. They have a Pensacola office, but it was closed when I got mine due to employee being out with covid, so I went to the Navarre office. The cost for digital was $50.
Note: A trusted individual on a private group I'm a member of had his application denied for no fingerprints within 10 days of application...he'd mailed in fingerprint cards...and had to start over. I.e., ATF lost or failed to marry up his cards with his application in MY opinion, so I went digital.
UPS stores do digital but would not give or email me the electronic file. So how do I get it to ATF I asked and marry it to my application?...we don't know they answered. Maybe I just asked an ignorant employee.
Longtooth
Do not let us mistake necessary evils for good
Staff member
Super Moderator
GCGF Supporter
Its not a waste of resources when you realize the intent is to neuter Americans and their 2nd amendment rights.
I hate how Im realizing more and more what was lost in the last 50 years.
Then don't
Hypothetically if one was to disregard this ruling and just photoshop a form 4 how would you get caught? Has anyone ever seen someone walking around a public range with a tape measure to verify barrel length? If you were a law abiding citizen who had a pistol brace equipped pistol there really isn't much for the ATF to actually start with.
I guess if you had to use it for defense of your property you could be in a hot spot but I know I can pull any brace I've ever seen off the gun in less than a minute.
Pulled over for speeding; no Officer you can not open my trunk.
At the range and using your totally legit registered SBR when a nosy busybody doesn't mind his business; "Yes it's registered, don't you know everyone registered their SBRs with the amnesty. I don't have the stamp with me but it's safe at the house" (There is no legal requirement to carry the tax stamp when using your NFA item)
Posting pictures of your totally legit SBR online; worst thing you could do, don't do it.
Laws like this only have weight when people comply with them, no crime is being committed and there is no grounds for a criminal investigation. I genuinely struggle with the idea of the NFA being enforced beyond people making very bad decisions and painting targets on their backs by oversharing with untrustworthy people or committing legitimate crimes.
