ATF Rule 2021R8 goes into effect January 31, 2023

[Jeff H]

If only that were true. Between the passport photos and fingerprint sheets, it's not exactly free (or easy). I just went through this for an SBR. What a pain.

eform1 use a digital photo you can take with your smartphone and fingerprint cards are free from the ATF, all you have to do is request them. Being compliant with this new BS ruling cost me nothing more than a little time and a fingerprint ink stamp pad from Amazon .

I filled out my eform1 2 months ago in anticipation of this rule but I have no interest in actually filing it yet. There is 120 days of amnesty so I plan on waiting for as long as possible for legal challenges.

 

[jonnyc]

Bottom line is your firearm(s) get placed on a federal register. Take that for what you will. I know how I would take it...if I had any AR pistols with braces.

 

[Jeff H]

if I had any AR pistols with braces.

Agreed. I filled out the forms, but that is about it.

 

[kje54]

I've scanned through it but in one thing I'm still a little unsure. I have 3 AR pistols with no brace or blades on them, will those also be considered SBRs or still be considered pistols? Based on what they are saying I think the three are still considered pistols but I'd like to be sure. I don't speak bureaurocratese very well.........

 

[12Bravo20]

I've scanned through it but in one thing I'm still a little unsure. I have 3 AR pistols with no brace or blades on them, will those also be considered SBRs or still be considered pistols? Based on what they are saying I think the three are still considered pistols but I'd like to be sure. I don't speak bureaurocratese very well.........

You are correct , the 3 AR pistols you have without a brace are still pistols even under the new rule change.

One of the options on how to deal with braced pistols is to completely remove the brace and make it so that the brace can not go back onto the pistol to keep it legal.

 

[Ol' Artilleryman]

I'm with kje54:
Same exact question. I began my grand collection of two ARs with a pistol. The build included a blade brace now taken off. Because I'm a MI resident, it's registered as a pistol. Any further action required? Is it still a pistol? The State of MI says so.

 

[rust collector]

There is a chance your pistols would pass the "test" if they wore pistol size receiver extensions. If rifle length or carbine length (especially with the shot pin adjustment feature) the outlook is cloudier. Other elements such as sights, weight and length overall also enter into the calculation, and the BATFE can also conclude that it may be used as a rifle even if points don't exceed the arbitrary limit. Ultimately, the agency will make the call and if they decide it's an SBR, you have just given them the evidence needed to prosecute. You may think it qualifies as a pistol, but they are not bound by their own rules.

 

[12Bravo20]

I'm with kje54:
Same exact question. I began my grand collection of two ARs with a pistol. The build included a blade brace now taken off. Because I'm a MI resident, it's registered as a pistol. Any further action required? Is it still a pistol? The State of MI says so.

Again, if the brace is removed, then the pistol is not subject to the new ruling.

COMPLIANCE OPTIONS

• Submit through the eForms system an Application to Make and Register a Firearm, ATF Form 1 (E- Form 1) within 120-days from the date of publication in the Federal Register.
  
  
• 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.
  
  
• Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing it from the provisions of the NFA.
  
  
• Turn the firearm into your local ATF office.
  
  
• Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of
  
  Alcohol, Tobacco, Firearms and Explosives (atf.gov).
  

The quote information is found here: https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

 

[Okie_Poke]

You may think it qualifies as a pistol, but they are not bound by their own rules.

This. A nation of laws? Not today.

 

[kje54]

You are correct , the 3 AR pistols you have without a brace are still pistols even under the new rule change.

One of the options on how to deal with braced pistols is to completely remove the brace and make it so that the brace can not go back onto the pistol to keep it legal.

That's what I thought I read but where the ATF is involved I just needed some clarification. Thanks.

 

[Elkins45]

I'm trying to figure out why I shouldn't apply for a free stamp for all my ARs, even the ones that have never seen a pistol brace. Since they already are on a 4473 it's not like the ATF doesn't already know I own them. Why not get SBR privileges for all of them? It's easy enough to slap a brace on all of them in the next couple of days before the rule is published.

 

[tomtomgt356]

I'm trying to figure out why I shouldn't apply for a free stamp for all my ARs, even the ones that have never seen a pistol brace. Since they already are on a 4473 it's not like the ATF doesn't already know I own them. Why not get SBR privileges for all of them? It's easy enough to slap a brace on all of them in the next couple of days before the rule is published.

Because then you would fall under the requirements for an SBR. Any time you want to take a rifle to another state, you have to file a ATF 5320.20 "Application to Transport NFA Firearms" and ask permission from the crown for each rifle and for each different location.

 

[tarosean]

I'm trying to figure out why I shouldn't apply for a free stamp for all my ARs

That thought crossed my mind too. However, I really do not want to be in the position of using a NFA item for SD. Plus I cross state lines quite a bit as all my family lives in surrounding states and keep an AR in my RV. So getting my permission slip every time might be a pain. (Form 5320.20)

My confusion is that I have one of those Micro Roni's Glock chassis. Since it was specifically called an SBR in one of the slide decks on their site, no mention of it in other documents. There is no serial number, maker address, etc. etc. Do they want me to register every Glock in my house? Or just the ones that could fit. (34/35/17L/24/etc. cannot fit). That one is likely trash can bound, unless I can find someone who wants to deal with it.

Examples from the ATF on Non commercial and commercial:
https://www.atf.gov/rules-and-regul...finalruleguidance-non-commercial1-10/download
https://www.atf.gov/rules-and-regul...acefinalruleguidance-commerciallypdf/download

 

[SP5]

Bottom line is your firearm(s) get placed on a federal register. Take that for what you will. I know how I would take it...if I had any AR pistols with braces.

We go through PICS check every time we buy a firearm anyway so they're on register regardless of what some people think...

 

[12Bravo20]

The tax free registration is supposed to be for braced pistols only. We all know that a lot of people are going to try and registering pistols without braced and rifles as SBR's. And that is why the ATF wants photo's of the braced pistol submitted with the Form 1.

To get the tax free registration, you will have to check Box 1 c. Otherwise you will have to pay the $200 tax.



Here is the fillable ATF Form 1: https://www.atf.gov/firearms/docs/f...-and-register-firearm-atf-form-53201/download

 

[Lennyjoe]

So my question is, how does the ATF know if you have a pistol brace? Are/will they try and track all pistol brace purchases? Unless your dumb enough to post a picture of you shouldering a pistol type rifle with a brace, how will they even know you have one?

 

[12Bravo20]

So my question is, how does the ATF know if you have a pistol brace? Are/will they try and track all pistol brace purchases? Unless your dumb enough to post a picture of you shouldering a pistol type rifle with a brace, how will they even know you have one?

They will request a photo of your braced pistol when you file a Form 1 and request the tax exemption. See my above post.

Now if you do not plan on registering your braced pistol as an ABR, then either remove the brace, swap the barrel out for one that is at least 16" and you are good to go.

 

[Lennyjoe]

They will request a photo of your braced pistol when you file a Form 1 and request the tax exemption. See my above post.

Now if you do not plan on registering your braced pistol as an ABR, then either remove the brace, swap the barrel out for one that is at least 16" and you are good to go.

Got it. So unless you comply, they won’t know if you have a stabilizer on your pistol.

I have an SBR registered already and hate the restrictions that come along with its registration. Won’t be doing any more.

Was thinking about building a pistol AR but will not be going down that road until a better understanding on what’s legal…

 

[BOTTOMLANDS]

So, with the options available it looks like we are going to have to fork over some money.
1: pay the tax fee.
2: spend money for a longer barrel.
OR
3: do nothing and keep your possessions to yourself and be a fellon


The options presented in the final [rule] are:
• Scenario 1: Turn in the entire firearm with the attached “stabilizing brace” to ATF;
• Scenario 2: Destroy the whole firearm;
• Scenario 3: Convert the short-barreled rifle into a long-barreled rifle;
• Scenario 4: Apply to register the weapon under the NFA; or
• Scenario 5: Permanently remove and dispose of, or alter, the “stabilizing brace” from the firearm so that it cannot be reattached.

 

[kje54]

So, with the options available it looks like we are going to have to fork over some money.
1: pay the tax fee.
2: spend money for a longer barrel.
OR
3: do nothing and keep your possessions to yourself and be a fellon


The options presented in the final [rule] are:
• Scenario 1: Turn in the entire firearm with the attached “stabilizing brace” to ATF;
• Scenario 2: Destroy the whole firearm;
• Scenario 3: Convert the short-barreled rifle into a long-barreled rifle;
• Scenario 4: Apply to register the weapon under the NFA; or
• Scenario 5: Permanently remove and dispose of, or alter, the “stabilizing brace” from the firearm so that it cannot be reattached.

No, you will not have to pay the tax stamp if the form is submitted prior to the cut off date (120 days from publishing new rule). It's being waived in this instance only for these specific existing weapons.

 

[12Bravo20]

No, you will not have to pay the tax stamp if the form is submitted prior to the cut off date (120 days from publishing new rule). It's being waived in this instance only for these specific existing weapons.

Correct, the tax is being waived for braced pistols ONLY. And if you wait until after the 120 grace period, you will not be able to register it tax free. And if I read the 291 page summery correctly, you won't be able to register a braced pistol at all after the 120 days> Someone will correct me if I am wrong on that one.

Again see section 6 of the FAQ's that has been linked above.

 

[kje54]

Correct, the tax is being waived for braced pistols ONLY. And if you wait until after the 120 grace period, you will not be able to register it tax free. And if I read the 291 page summery correctly, you won't be able to register a braced pistol at all after the 120 days> Someone will correct me if I am wrong on that one.

Again see section 6 of the FAQ's that has been linked above.

That's the way I read it on their Q&A page.

 

[Rule3]

There is at least threads going on with this topic. Here, NFA and General??

In one of them is this video,!

So if and after you submit your papers with photos, They will check it over and find some whay to reject it by accumulation points!

 

[tarosean]

They will check it over and find some whay to reject it by accumulation points!

They repeatably stated in the 293 page document that the

The Department does not adopt the point system from Worksheet 4999.

 

[Lennyjoe]

3: do nothing and keep your possessions to yourself and be a fellon.

Do we know it will be a felony? Has that been determined yet?