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A new spin (I think) on the Pistol Brace question.

691 Views 19 Replies 15 Participants Last post by SIGman Fried, 7 d ago

jsnyde04

Discussion Starter · 9 d ago (Edited)

I wonder what happens if you amnesty-register your braced pistol as an SBR and then "something" happens to your brace. Can you then replace it with a rifle stock? You've already registered the receiver as an SBR. If you do, you now have an SBR without paying the $200 toll as well as presumably avoiding the accompanying colorectal exam. Hmmmm? Anybody know?

Reactions: 1

1 - 20 of 20 Posts

GaryNC

· #2 · 9 d ago

jsnyde04 said:
I wonder what happens if you amnesty-register your braced pistol as an SBR and then "something" happens to your brace. Can you then replace it with a rifle stock? You've already registered the reciever as an SBR. If you do, you now have an SBR without paying the $200 toll as well as presumably avoiding the accompanying colorectal exam. Hmmmm? Anybody know?

It is my understanding that once it is registered (free amnesty or paid), it is an SBR and can have a stock.

Reactions: 5

Nilla

· #3 · 9 d ago

:iagree:

with what he said.

Reactions: 1

SimonRL

· #4 · 9 d ago

Once your gun is SBR’d you can put whatever you like on it.

Reactions: 5

MoRivera

· #5 · 9 d ago

jsnyde04 said:
I wonder what happens if you amnesty-register your braced pistol as an SBR and then "something" happens to your brace. Can you then replace it with a rifle stock? You've already registered the receiver as an SBR. If you do, you now have an SBR without paying the $200 toll as well as presumably avoiding the accompanying colorectal exam. Hmmmm? Anybody know?

In most states, if you amnesty-register your braced pistol as an SBR, you can already put a stock on it....just like when yo had to pay the $200 to do it. Stock or brace, doesn't make a difference.

Reactions: 3

jsnyde04

Discussion Starter · #6 · 9 d ago

MoRivera said:
In most states, if you amnesty-register your braced pistol as an SBR, you can already put a stock on it....just like when yo had to pay the $200 to do it. Stock or brace, doesn't make a difference.

Sounds like a way to save $200 to me

Reactions: 4

cck

· #7 · 9 d ago

jsnyde04 said:
Sounds like a way to save $200 to me

It’s not that straight forward. That was my initial impression as well, but sbrs do have some restrictions that pistols do not, interstate travel, etc.

Reactions: 3

jthrelf

· #8 · 9 d ago

You are still form 1ing it - you just will end up with an approved form and no tax stamp since you didn't pay a tax due to the exemption

Yes you can put a stock on right after approval. So you do get something positive out of the infringement I suppose if you go this route.

Reactions: 2

MoRivera

· #9 · 9 d ago (Edited)

jsnyde04 said:
Sounds like a way to save $200 to me

You're also registering something that until this January didn't need to be registered in its exact format, you can't travel across state lines with it without doing another ATF Form, and they have indicated that there are as-of-yet-unidentified exceptions to this registration that are different from the standard $200 SBR one. At the very least I'm assuming, if this ruling is eventually struck down, you will no longer be able to have it with a stock like a regular SBR without doing the regular $200 form 1 over again, and you'll still be on a registry which they will keep if you don't and just keep it as a 'legal' pistol.

So maybe technically one thing simple, but then morally another thing more nefarious.

No free lunch....or SBR's for that matter.

Reactions: 5

Spiritfox

· #10 · 9 d ago

MoRivera said:
You're also registering something that until this January didn't need to be registered in its exact format, you can't travel across state lines without doing another ATF Form, and they have indicated that there are as-of-yet-unidentified exceptions to this registration that are different from the standard $200 SBR one. At the very least I'm assuming, if this ruling is eventually struck down, you will not longer be able to have it with a stock like a regular SBR without doing the regular $200 form 1 over again, and you'll still be on a registry which they will keep if you don't and just keep it as a 'legal' pistol.

So maybe technically one thing simple, but then morally another thing more nefarious.

No free lunch....or SBR's for that matter.

No free lunch and I'm going to wait until I see something better on the menu. Took my braces off today -- so I'm content to just wait and see.

Reactions: 5

jthrelf

· #11 · 8 d ago

MoRivera said:
You're also registering something that until this January didn't need to be registered in its exact format, you can't travel across state lines without doing another ATF Form, and they have indicated that there are as-of-yet-unidentified exceptions to this registration that are different from the standard $200 SBR one. At the very least I'm assuming, if this ruling is eventually struck down, you will not longer be able to have it with a stock like a regular SBR without doing the regular $200 form 1 over again, and you'll still be on a registry which they will keep if you don't and just keep it as a 'legal' pistol.

So maybe technically one thing simple, but then morally another thing more nefarious.

No free lunch....or SBR's for that matter.

If that does happen i.e. the approval is revoked, you basically have to standard Form 1 it. Like you said, they already have your info.

It's all a gamble right now.

Reactions: 1

Sig007

· #12 · 8 d ago

You can use whatever stock or brace only when you get approved ..!!
Till then .. take your brace out .. just in case .. ✌

MoRivera

· #13 · 8 d ago

jthrelf said:
If that does happen i.e. the approval is revoked, you basically have to standard Form 1 it. Like you said, they already have your info.

It's all a gamble right now.

Well you could still just keep it a pistol with a brace and not need a tax stamp or other NFA regulations...but yeah they'd already have your info.

Unless they'd do the right thing and lose it....yeah right?

MoRivera

· #14 · 8 d ago

I would think that anyone who is just now deciding to do the eform in these last few days will probably be met with a crashed system and may not get it in before the deadline, though.

Can still register with the $200 tax fee.

NorthernMichigan

· #15 · 8 d ago

I didn't register. I can't keep a loaded SBR in a vehicle, that's a pistol thing. I can't travel with an SBR, etc.
Two injunctions were issued this week to stop the ATF from enforcing the new rule until a final ruling is made. If you are an NRA lifer, I don't no what to tell you because the injunction isn't for you. If you are a member of FPC or SAF, then you have an injunction until a final ruling is made and the new rule doesn't apply to you because let's go garland.

HowardZ

· #16 · 8 d ago

Just my opinion; I can be wrong

ATF for decades has been prohibited by law from creating a firearms ownership list. The only exception is for NFA firearms.

I don't really think ATF cares about braces. I think this free offer to register AR pistols is an attempt to register tens of millions of firearms and their owners.

I suspect the deadline will be extended over and over to maximize registering guns and owners.....until eventually the courts strike down this whole brace thing.

Approved for years, but now must be registered. Not outlawing your firearm, just register it.

Personally, I never had a brace installed on an AR. Never fired someone else's braced AR. It might be nice.

Sure looks like a nice price (free) to register an SBR. But I suspect bad intentions.

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Reactions: 3

hiketheball

· #17 · 7 d ago

MoRivera said:
You're also registering something that until this January didn't need to be registered in its exact format, you can't travel across state lines with it without doing another ATF Form, and they have indicated that there are as-of-yet-unidentified exceptions to this registration that are different from the standard $200 SBR one. At the very least I'm assuming, if this ruling is eventually struck down, you will no longer be able to have it with a stock like a regular SBR without doing the regular $200 form 1 over again, and you'll still be on a registry which they will keep if you don't and just keep it as a 'legal' pistol.

So maybe technically one thing simple, but then morally another thing more nefarious.

No free lunch....or SBR's for that matter.

Yes.
Apparently all that one is doing is registering the weapon, name, etc. on a registry. A GunTuber showed the returning paperwork -- NO stamp plus conditions of use in addition to the current conditions under the NFA. These extra conditions were a surprise to the GunTuber and I don't remember hearing of added restrictions. Bait-and-switch?

Reactions: 1

bokorugro

· #18 · 7 d ago

Let's see what Tuesday brings...GOA lawsuit is still out there.

WAndersonMD

· #19 · 7 d ago

jsnyde04 said:
I wonder what happens if you amnesty-register your braced pistol as an SBR and then "something" happens to your brace. Can you then replace it with a rifle stock? You've already registered the receiver as an SBR. If you do, you now have an SBR without paying the $200 toll as well as presumably avoiding the accompanying colorectal exam. Hmmmm? Anybody know?

Most importantly, does anyone know if challenges are working their way through federal district and circuit courts? If so, how are they doing? Info on the Internet is pretty sketchy.

Anyone (e.g. state AG) trying to get an injunction from SCOTUS?

SIGman Fried

· #20 · 7 d ago (Edited)

Spiritfox said:
No free lunch and I'm going to wait until I see something better on the menu. Took my braces off today -- so I'm content to just wait and see.

Just make sure you avoid the "constructive possession" pitfall...

Can I possess a pistol and unattached “stabilizing brace”? | Bureau of Alcohol, Tobacco, Firearms and Explosives

An NFA firearm need not be assembled to be regulated as such. Whether a person may be in constructive possession of an NFA firearm depends on the facts of a particular case.

www.atf.gov

www.thetruthaboutguns.com

Constructive Possession of Silencers and NFA Firearms...It's Complicated and Important - The Truth About Guns

&#9664Previous Post Next Post▶ By Matthew J. Bergstrom, Esq. We run into a lot of confusion about the handling of another person’s NFA firearm or accessory and when criminal liability could possibly arise. Generally speaking, possession of an NFA firearm or regulated item by someone other than...

www.thetruthaboutguns.com

www.thetruthaboutguns.com

.

amblerlawoffices.com

An Abrasive New Rule From the ATF

By: Gilbert Ambler and Oliver Krawczyk

amblerlawoffices.com

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