ATF brace rule is out

[someguy2800]

https://www.justice.gov/opa/pr/just...s-stabilizing-braces-accessories-used-convert

https://www.atf.gov/rules-and-regul...armswithattachedstabilizingbracespdf/download

It says they will be waiving the tax to register a braced lower for 120 days, so I am going to be taking advantage of that for my serialized lowers.

 

[Slappy White]

https://www.justice.gov/opa/pr/just...s-stabilizing-braces-accessories-used-convert

https://www.atf.gov/rules-and-regul...armswithattachedstabilizingbracespdf/download

It says they will be waiving the tax to register a braced lower for 120 days, so I am going to be taking advantage of that for my serialized lowers.

So would that make the lower an official SBR? As in, we could put a real stock on it?

 

[armoredman]

So would that make the lower an official SBR? As in, we could put a real stock on it?

That is the question, and what engraving has to be done on the actual firearm, if any? If registered under this special eForm, I do have to wonder if it has to stay 9n that braced configuration forever.

 

[Navy87Guy]

So would that make the lower an official SBR? As in, we could put a real stock on it?

Well according to the press release , you have to register it as an SBR…

The rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule.

…so it would stand to reason that you can change the configuration by replacing the brace with a stock. The key is that once you register it as an SBR, it can’t legally go back to being “just a pistol” without notifying the ATF to remove it from the NFA registry. So even if you pull the brace or stock off, it’s still an SBR.

 

[someguy2800]

So would that make the lower an official SBR? As in, we could put a real stock on it?

Only after registering it as an SBR with the ATF, receiving an approval letter, and marking it appropriately.

 

[burrhead]

....

 

[WestKentucky]

So what is the means by which we do this?

 

[5pins]

ATF FAQ PDF on the new rule.

https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

 

[Varminterror]

Hell, it might make sense for - some of us - to register some of our current AR’s which are “braced pistols” as “SBR’s” for free…

And by “some of us” I might mean “all of us,” and by “some of our current AR’s” I might mean “all of our AR’s.”

Kinda wish I had more lowers on hand, but getting >$4000 in tax stamps for free sure sounds good to me!

 

[Mauser lover]

Haven't had time to read everything, so this post is mostly to tag the thread. However, my top question at the moment is what form are we supposed to use? And is "amnesty" guaranteed, or are they going to prosecute those who, by using their form, admit that they have or had an unregistered SBR?

 

[12Bravo20]

However, my top question at the moment is what form are we supposed to use?

If you are wanting to register your braced pistol as a SBR then you will use NFA Form 1

 

[bearcreek]

Hell, it might make sense for - some of us - to register some of our current AR’s which are “braced pistols” as “SBR’s” for free…

And by “some of us” I might mean “all of us,” and by “some of our current AR’s” I might mean “all of our AR’s.”

Kinda wish I had more lowers on hand, but getting >$4000 in tax stamps for free sure sounds good to me!

They have to have been assembled as a braced pistol prior to today in order to qualify for free registration.

 

[Varminterror]

They have to have been assembled as a braced pistol prior to today in order to qualify for free registration.

Every single AR I have built, for myself or others, since the first Gen KAK came out have been assembled as a braced pistol in their first configuration. Largely, for the same reason we’re seeing now.

 

[dogtown tom]

..... The key is that once you register it as an SBR, it can’t legally go back to being “just a pistol” without notifying the ATF to remove it from the NFA registry. So even if you pull the brace or stock off, it’s still an SBR.

Not true.
no matter whether the original firearm was a pistol or a rifle, once reconfigured as an SBR, it can always be reconfigured back to the original firearm.
If it doesn't meet the definition of short barreled rifle, it isn't a short barreled rifle.
Examples:
A Glock pistol. Add a shoulder stock and you have an SBR. Remove the shoulder stock and its not configured as an SBR, just a Title I pistol.
An AR rifle. Replace the 16" barreled upper with a 10" barreled upper and you made an SBR. Remove the 10" and reinstall the 16" and you no longer have an SBR but a Title I rifle.
A "factory" SBR, or one that began life as an SBR, can never be reconfigured as a pistol because it was not originally a pistol. It can be reconfigured as a Title I rifle by making the OAL at least 26" and bbl length at least 16".



As far as notifying ATF.....no requirement in federal law. They DO ASK that you notify them, but its not required.

 

[Shawn Dodson]

From ATF "Affected Firearms" FAQ #4: "ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as “stabilizing braces.”

From ATF "Compliance Options" FAQ 6 through 9: "Permanently remove or alter the 'stabilizing brace' so that it cannot be reattached and thereby removing it from regulation as a 'firearm' under the NFA."

From ATF "Factoring Criteria for Firearms with Attached 'Stabilizing Braces'" ( https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces ): "Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office."

So...

ATF says it "does not regulate accessories such as 'stabilizing braces'" but then it requires owners to "permanently remove and dispose of, or alter, the 'stabilizing brace' such that it cannot be reattached."

Therefore if ATF claims it doesn't regulate accessories, then how can it order an owner to dispose of, or alter, a brace?

It can't, because it isn't empowered to regulate accessories.

The ATF is FOS.

 

[mcb]

They have to have been assembled as a braced pistol prior to today in order to qualify for free registration.

How will that be proved. An AR is so easy to assembly. You can could covert a lower from an rifle to a braced pistol lower in seconds.

 

[Mosin77]

What’s to stop someone from just registering a random lower that they have in their junk drawer as an SBR for free? ‘Cause I gotta say, I’m tempted…….

 

[DustyGmt]

Can you just remove the brace and leave the buffer tube bare. I know some braces will fit on a standard buffer tube and some that use a pistol tube. It'd be my guess that the type that can readily accept a Carbine stock will be considered an "SBR"???

I think I will just be permantly attaching long muzzle devices.....

 

[N555]

I'm pretty sure they are going back to AR pistols only having the slick tube or nerf tube.

 

[Varminterror]

Might as well send in for the stamp. NFA SBR’s can always be returned to title 1 status at any time and resold as such, or transported out of state as such. There is no obligation to remain in SBR form forever. Building as a pistol first ensures the lower can always go back to pistol form, applying for a FREE NFA stamp to SBR it lets you always go SBR, and of course, it’s always free to go straight up rifle…

Not everyone wants to do the paperwork, which takes a few minutes to fill out, and not everyone wants to mark lowers, which takes a few seconds on a fiber laser, and not everyone CAN pass the background check, but damn, if they’re handing out stamps like skittles, I’m getting mine…

 

[mcb]

Might as well send in for the stamp. NFA SBR’s can always be returned to title 1 status at any time and resold as such, or transported out of state as such. There is no obligation to remain in SBR form forever. Building as a pistol first ensures the lower can always go back to pistol form, applying for a FREE NFA stamp to SBR it lets you always go SBR, and of course, it’s always free to go straight up rifle…

Not everyone wants to do the paperwork, which takes a few minutes to fill out, and not everyone wants to mark lowers, which takes a few seconds on a fiber laser, and not everyone CAN pass the background check, but damn, if they’re handing out stamps like skittles, I’m getting mine…

Yep the brace is going away one way or another, might as well get a free SBR out of the deal.

The legal challenges are still going to be interesting legally in light of Bruen, the potential reversal on bump stocks, and similar.

 

[Phaedrus/69]

It will be interesting- with politically motivated actions to "defund" and cut staff & budget at both ATF & IRS, will adding another million Form 1s to the pipeline will mean approval times of maybe three or four years instead of one? One must be careful what one wishes for.

 

[army_eod]

glad all of you are so compliant. I will not do anything. The court will destroy this rule along with the bump stock rule and other recent rulings.
I am not wasting any time, effort or money on this.

 

[Rexster]

The main reason I wanted to buy my Daniel Defense DDM4 V7P pistol was/is for it to be a legal pistol, in places/situations where I could legally have a loaded pistol/handgun, but where a loaded long gun would be illegal to have in my possession. SBR-ing my M4 pistol would, it seems, be negating its status as a pistol/handgun. If removing the brace, leaving the receiver extension bare and feature-less, keeps my AR/M4 pistol legal, well, that is probably going to be my preferred choice, pending a careful reading and re-reading of the information. (Actually, its brace is not in place, as I type this, anyway.)

 

[Lennyjoe]

Hell, it might make sense for - some of us - to register some of our current AR’s which are “braced pistols” as “SBR’s” for free…

And by “some of us” I might mean “all of us,” and by “some of our current AR’s” I might mean “all of our AR’s.”

Kinda wish I had more lowers on hand, but getting >$4000 in tax stamps for free sure sounds good to me!

Then you fall under the restrictions of an SBR. Can’t take out of state unless you notify ATF. Have to notify ATF if you move and also notify Sheriff of new county of residence. Can’t will it to your surviving spouse or sibling or sell it.