dogtown tom
Member
So what prohibits concealed carry of an SBR or having a loaded SBR in your vehicle?
Braced Pistol stamp Watch Thread
- Thread starter WestKentucky
- Start date
Best I can tell, nothing if the barrel is less than 12".
If it's over 12", then you couldn't truly conceal carry it, ie under a jacket, and would need a hunting license and carry it condition 4 to keep it in your vehicle.
ETA: And that vehicle carry restriction is in place as part of an anti-poaching statute, not anything to do with the concealed carry laws.
dogtown tom
Member
Gotcha.
You'll notice I was reediting for additional clarity when you replied, so, in his defense, he wouldn't be able to actually conceal carry it on his person if his pistol had a greater that 12" barrel, but the ATF's change has zero to do with that.
P Flados
Member
FYI, in North Carolina concealed carry is only pistols.
So as of 1/31/23, a short barreled gun with a brace became a rifle.
Under the seat / behind the seat stowage of braced guns was a thing (I know folks that did this). Anyone in NC still thinking their CC permit allows "in reach but not visible" transport of a braced gun is "at risk" at this point.
To stay legal, these guys need to toss the brace for these guns, or put them "out of reach".
So as of 1/31/23, a short barreled gun with a brace became a rifle.
Under the seat / behind the seat stowage of braced guns was a thing (I know folks that did this). Anyone in NC still thinking their CC permit allows "in reach but not visible" transport of a braced gun is "at risk" at this point.
To stay legal, these guys need to toss the brace for these guns, or put them "out of reach".
illinoisburt
Member
My son submitted the tax free e-form 1 on 1/28. Approval received yesterday 3/2.
army_eod
Member
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Does he have the stamp?
I didn't do the tax free one, but i'm 4 days after that, hopefully i'm close.
Sistema1927
Member
Will these get a stamp since no tax was paid, or just an approval?
I didn't think the exempt ones actually got a stamp
illinoisburt
Member
No stamp, just an approval letter.
dogtown tom
Member
This.
You won't get a stamp affixed because you didn't pay for one.
All you get is a .pdf of the eForm1 marked "approved".
Understand that's typical for NFA forms that don't require a tax payment, such as Form 3's and Form 5's.
dogtown tom
Member
No one knows until a judge makes a ruling that ATF overstepped its authority in amending the definition of SBR.
Even if that happened it wouldn't invalidate any eForm 1 filed during the forbearance period.
army_eod
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Who knows, but would it matter?
It does if you want to remove the brace and add a stock.
SC45-70
ID-shooting
Member
Anyone getting any back? They were at 30 days when I submitted, on day 29 for me they bumped the wait time to 40. Tomorrow is day 40 and my three still sit in the submitted folder with no internal control numbers or movement.
army_eod
Member
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not yet. Been about 30 days for me.
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Captains1911
Member
Why? One you receive your approval you have a registered SBR, in which case you can legally out whatever you want on it, whether it be a brace or a stock.
Unless the approval form is listed as "in accordance with rule 2021R-08F".
If rule 2021R-08F is ruled unconstitutional then the approved form could also be unconstitutional.
You do not get a stamp as no tax is paid. You simply get an approved form and if there are restrictions on the approval that could void the form.
SC45-70
Sgt_Mike1
Member
first post and to be honest I only created the account to participate in this thread.
I too as a few other members on here filed two under this provisions on the 6th of Feb. both have a internal control numbers assigned via efile. The actual time stamps was less than 20 minutes apart with 100 other control numbers entered between the two. As another member stated at the time I noticed that ATF advised a 30 day processing time which had been changed to 40 days. I have found the processing times to be highly optimistic and to add at least 10 to 14 days to what ATF advises on processing.
I see several are arguing the constitutional aspect of the ruling. Until it (the ruling) is overturned or deemed unconstitutional by a higher court ...... it is the law and is Constitutional in the eyes of the law, regardless of what I or anyone on this board thinks . UNTIL a Court deems it UNLAWFUL or Unconstitutional. While I'm not in the favor of the ruling by the attorney general the facts are what they are.
Now I'm not a lawyer, Just a Retired Old Disabled Soldier with 36 years of service and as a sidebar worked/ owned as a FFL with S.O.T. and without since before the FOPA was even debated. Currently I'm fully retired. But right now it seems to me that if approved with tax stamp affixed or not they bear the classification of SBR and will be entered into NFRTR unless the court specifically Strikes the Attorney General's authority to add firearms into the NFRTR as well as smiting the brace rule. which I DONT see happening, it could but I don't think so. One has to recall the law under the provisions of the NFA/1968 GCA/FOPA ATF is acting under the authority of the Attorney General of the US. Heck I can remember a time when ATF was not authorized to carry a gun or had arrest powers they did not come to be ATF until 1975.
Once entered into the NFRTR it will remain there until it is either removed upon request of the applicant certifying that it has been converted to a Title I firearm OR destroyed. The Third way is that it has been deactivated.
I also noticed that some was mentioning including the Photographs of their weapons with the Fingerprint cards and passport photos. I didn't include such a photo as the instructions next to the block stated " MAY" therefore I didnt add them if they are needed they will ask and I will provide.
I too as a few other members on here filed two under this provisions on the 6th of Feb. both have a internal control numbers assigned via efile. The actual time stamps was less than 20 minutes apart with 100 other control numbers entered between the two. As another member stated at the time I noticed that ATF advised a 30 day processing time which had been changed to 40 days. I have found the processing times to be highly optimistic and to add at least 10 to 14 days to what ATF advises on processing.
I see several are arguing the constitutional aspect of the ruling. Until it (the ruling) is overturned or deemed unconstitutional by a higher court ...... it is the law and is Constitutional in the eyes of the law, regardless of what I or anyone on this board thinks . UNTIL a Court deems it UNLAWFUL or Unconstitutional. While I'm not in the favor of the ruling by the attorney general the facts are what they are.
Now I'm not a lawyer, Just a Retired Old Disabled Soldier with 36 years of service and as a sidebar worked/ owned as a FFL with S.O.T. and without since before the FOPA was even debated. Currently I'm fully retired. But right now it seems to me that if approved with tax stamp affixed or not they bear the classification of SBR and will be entered into NFRTR unless the court specifically Strikes the Attorney General's authority to add firearms into the NFRTR as well as smiting the brace rule. which I DONT see happening, it could but I don't think so. One has to recall the law under the provisions of the NFA/1968 GCA/FOPA ATF is acting under the authority of the Attorney General of the US. Heck I can remember a time when ATF was not authorized to carry a gun or had arrest powers they did not come to be ATF until 1975.
Once entered into the NFRTR it will remain there until it is either removed upon request of the applicant certifying that it has been converted to a Title I firearm OR destroyed. The Third way is that it has been deactivated.
I also noticed that some was mentioning including the Photographs of their weapons with the Fingerprint cards and passport photos. I didn't include such a photo as the instructions next to the block stated " MAY" therefore I didnt add them if they are needed they will ask and I will provide.
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army_eod
Member
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RE: photos of the weapon. I included just photo of the serial number/manufacturer. No photos of the entire firearm.
Soonerpesek
Member
I did the same.
Per instructions on the form, that is all that is needed for the firearm.
I thought the instructions said "May" for the photos. Regardless I just did a normal form 1 for my braced pistol. I didn't like admitting to something they deemed to be an illegal SBR.
Soonerpesek
Member
You may be correct, that was my interpretation of the instructions.
I didn't "build" my AR pistol, I purchased it in that configuration, maybe that makes a difference....??
