From the ATF presentation at SHOT.
Over the weekend another wrinkle has been uncovered in the ATF Final Rule on Stabilizing Braces:
Summary of the video:
According to pages 246-247 of the final rule, if an imported pistol has ever had a stabilizing brace attached, the only recourse is to either destroy or turn in the firearm to the ATF. The reason being is that since a "rifle" was created, the firearm violated 922(r) and cannot be cured by either removing the brace or replacing non-922(r) compliant parts because the "assembly of a semiautomatic rifle" has already occurred.
Relevant text of the final rule:
The Department disagrees with the commenter who suggested that there will be financial implications resulting from the removal and replacement of imported parts for owners who imported pistols and added a “stabilizing brace.” The commenter incorrectly interpreted 18 U.S.C. 922(r) as requiring the removal and replacement of imported parts to comply with section 922(r). Section 922(r) generally makes it unlawful “for any person to assemble from imported parts any semiautomatic rifle,” and 27 CFR 478.39 provides that a person may not assemble a semiautomatic rifle using more than 10 of the imported parts listed in the relevant paragraphs of the regulation. The criminal violation under 18 U.S.C. 922(r) is for the “assembl[y]” of the semi-automatic rifle; therefore, modification of this kind of firearm through the removal of the relevant parts would not cure the 922(r) violation because the “assembl[y]” has already occurred. Nevertheless, for the purposes of the costs outlined in the standalone RIA, ATF assumes this group may use another scenario,such as destroying the firearm or turning it in to ATF, by using the population derived from bump-stock-type devices as a proxy.
Of course, if a private individual is the one who put the brace on, they could take it back off and nobody would be the wiser, but legally speaking, according to the ATF once a brace has been added the only recourse is to destroy or surrender the firearm.
So correct me if I'm wrong, but doesn't that mean that every CZ Scorpion that was either sold with a brace or had a brace added is illegal?
I do not like to quote self but in this for instance...Separately , I do not see how any changes can be allowed to go into force without another comment period. If it has been changed significantly. Something others have mentioned here (THR) and elsewhere.
@mcb provided this link for the resister related to ATF.Also Am I looking at the correct Rules location, for the actual date of publication that starts the 120 day time ticker please. Thanks!
https://www.federalregister.gov/documents/search?conditions[publication_date][is]=2023-01-23&conditions[type][]=RULE#
Also Am I looking at the correct Rules location, for the actual date of publication that starts the 120 day time ticker please. Thanks!
https://www.federalregister.gov/documents/search?conditions[publication_date][is]=2023-01-23&conditions[type][]=RULE#
I do not like to quote self but in this for instance...
That was post #18 of this thread. The actual true final rule as hit the airwaves two Fridays ago, is it so radically different from what people commented on that, outside of the title and basic premise of braces, it is a whole new rule?
People commented on the score sheet, other portions of that rule etc. to the tune of 100s of thousands. I did NOT get the opportunity to challenge, read, refute or rebut ''new'' definitions of rifle! Amnesty or not, etc.
I also remember but cannot cite where the .gov was making ''minor changes'' within the rule, that's probably normal. But again I ask, is this so vastly different as to require another comment period?
So what comment would you provide that you didn't provide before? What's to be added?
So here's a question for the more learned:
Let's say you currently have multiple, but the uppers are all the same length. Just different calibers, or different charging style- side charger, left hand charger, etc. Say you pull the uppers off now, before anything has occurred.
How many lowers would you need to register for SBR, or put smooth pistol buffer tube on etc? Just one?
And clarifying for technicalities- none were 'complete pistols' at purchase, all were pieced together.
Shouldn't affect them at all. The ATF already has exceptions for Curios & Relics such as stocked Lugers or Broomhandle Mausers. See: https://www.atf.gov/firearms/curios-relicsI'm wondering how this may affect collectors of mil surp. Some of the pistols back then had shoulder stocks doubling as holsters. Luger and our own 1911 are 2 that come to mind
I'm wondering how this may affect collectors of mil surp. Some of the pistols back then had shoulder stocks doubling as holsters. Luger and our own 1911 are 2 that come to mind
Another YouTuber from the Fudd Busters channel, a Florida lawyer that practices in the field of firearms law, had a slightly different take on the ATF document and it's implications.
Summary of video: 922(r) applies to construction of a rifle from imported parts, not possession of a rifle assembled from imported parts. According to him, if you purchased for example a CZ Scorpion with a brace, you didn't assemble the rifle so you are not in jeopardy, and the ATF should have no issue with registering it under the amnesty eForm 1. (He also addresses the second "sky is falling (I'm guilty)" issue of the 88 days and automatic rejection. He says that is only for FBI background checks that are still open after 88 days because the FBI can't reconcile something, not for all submissions. These sort of hanging background checks are only 1% of applications according to the video.)
According to what I've been reading, just removing the brace isn't good enough, you have to change out the buffer tube for a smooth one.He does not address the issue of an individual owner adding the brace. Can the owner simply remove the brace and be OK, or will the 922(r) violation already have occurred and cannot be cured by removing the brace? The fair thing is for the ATF to allow the removal of the brace within the 120 day period.
According to what I've been reading, just removing the brace isn't good enough, you have to change out the buffer tube for a smooth one.
I would be interested to see those photos, can you please post a link?And the ATF also states that the buffer tube on a pistol can not be more than 6 1/2" long. The issue is that they did not specify exactly how they take that measurement. I have posted about this before along with photos showing measurements from the end plate to end of buffer tube and from castle nut to the end of buffer tube.
I would be interested to see those photos, can you please post a link?
Thank you so much!The photos are in post #202 in the following thread: https://www.thehighroad.org/index.php?threads/atf-brace-rule-is-out.914815/page-9