BATFE - Factoring Criteria for Firearms With Attached “Stabilizing Braces”

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The definitions under the NFA makes those items machineguns in and of themselves.

https://www.law.cornell.edu/uscode/text/26/5845

"The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."
 
Accessory…Part, splitting hairs here

just like the lightning links and FA trigger packs make a machine gun in the ATF thought process a brace makes an SBR.
 
Under federal law, those parts ARE machineguns. Read the definition.

"The term “machinegun”...shall also include ... any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled..."

"Lightning links and FA trigger packs" are firearms (machineguns) per federal firearms law.

just like the lightning links and FA trigger packs make a machine gun in the ATF thought process a brace makes an SBR.
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It takes a qualifying firearm PLUS a qualifying brace (accessory) to make an SBR.

Very different from the part itself actually being a firearm per federal law.
 
dogtown tom said:
Only 07FFL/SOT's "manufacture", and the manufacturing of an SBR requires NFA registration on a Form 2 and subsequent transfers require either a Form 3 or Form 4.
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All of my Form 1 SBR’s have my trust listed as the manufacturer in 4. a. The one I am looking at right now doesn’t even have the name of the original manufacturer on it at all, I did use the original serial number though.

I thought it was odd because 4. a. reads “Name and Location of Original Manufacturer of firearm.” That said, I just fill them out how the examiner approves them.

That said, the form 1 is an “Application to make and register a firearm”, even if it’s really just assembling parts someone else made, after it comes back approved.
 
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CoalCrackerAl said:
How many folks do not know about the new brace law? I would have not known about it. If i wasn't on this forum. My brother who has a braced AR pistol . Did not know about it.
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This is true and worrisome. Not everyone that bought a pistol or smoothbore firearm (Shockwave and Tac 14) with a brace from a FFL are active on gun forums. And who knows how many bought a brace later to install on their pistols that are not on gun forums.
 
Is there a good video or website that goes through the process of preparing a SBR to be registered on form 1 and actually filling out form 1?
How is the no-cost option invoked? Is there a special form 1 for the no-cost form 1 SBR? Box to check?

Any advice for first time filers?
 
jmorris said:
All of my Form 1 SBR’s have my trust listed as the manufacturer in 4. a.
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Well, don't you think thats because YOU filled out the Form 1? ;)
Listing your trust in 4a is only for original manufacturers or those creating a new firearm. (such as making an NFA firearm from scratch, building your own silencer or an SBR from an 80% lower)
Description of Firearm and Markings.
(1) Item 4a. If you are modifying an existing firearm, enter the name and location of the original manufacturer. If you are creating the firearm, enter the Maker’s name, city and State.
(2) Item 4b. The types of NFA firearms are listed in the definitions;
(3) Item 4c. Specify one caliber or gauge. If there is another designation, indicate the designation in item 4h.
(4) Item 4d. Show the model designation (if known).
(5) Item 4e and 4f. Specify one barrel length and overall length in items 4e and 4f as applicable. Note: if the firearm has a folding or collapsible stock, the overall measurement is to be made with the stock extended.
(6) Item 4g. Do not alter or modify the serial number of an existing firearm . Enter the existing serial number or, if a new firearm, one you create.
(7) Markings: The maker is required to mark the firearm with the Maker’s name, City and State as shown in item 3b. All markings are to be in compliance with 27 CFR §§ 478.92 and 479.102. Do not alter or modify the serial number of an existing firearm. Enter the existing serial number, or if a new firearm, one you create. The Maker may not duplicate any serial number placed by the Maker on any other firearm. See 27 CFR § 479.102.
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The one I am looking at right now doesn’t even have the name of the original manufacturer on it at all, I did use the original serial number though.
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Being you didn't manufacture, make or create the original firearm, you are still required to put that information in 4a.
For example, You have a Colt M4 carbine, and wish to file a Form 1 as an SBR:
-In 4a, "Colt" and their address because Colt is the original manufacturer, YOU are not the original mfg.
-4b, c, d, e, f, g, as described above.
Your "makers" marking is what is in 3b (the name/city/state of your trust that you will engrave on the receiver)

If you are creating a new firearm, not from an existing firearm:
-In 4a, you list the makers name/city/state
-4b, you choose "SBR"
-4c caliber
-4d the model, if you have an 80% that is already marked with the model name.
-4e & 4f the bbl & OAL
-4g Since you are the maker if the firearm, you must add a serial#. You cannot have used this serial# on a previous firearm you have made.


I thought it was odd because 4. a. reads “Name and Location of Original Manufacturer of firearm.” That said, I just fill them out how the examiner approves them.
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And this is why ATF has started asking for photos....people don't read the instructions. The examiners approve Form 1's based on the supposed ability of applicants correctly following the instructions. With Form 1's the examiner doesn't have a previous F2, F3 or F4 to compare to.

On another forum, a gentlemen asked about his " A.O.W. Pistol unit with collapsible stock"......which is impossible. Yet he has a $5 federal tax stamp on his Form 4. and that description is on his Form 4. Not only did the dealer who made that firearm screw up when filling out the Form 1 or Form 2, but screwed up again when he filled out the Form 4 to the customer and ATF helped him do that by rubber stamping the Form 4.

I've had a Benelli M4 SBS arrive with the model name listed not as "M4" but with the factory SKU#. ATF approved the Form 3 because they don't see the actual firearm. In order to fix the model# I had to take photos of the receiver and send them to ATF.



That said, the form 1 is an “Application to make and register a firearm”, even if it’s really just assembling parts someone else made, after it comes back approved.
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That's true, but when you certify under penalty of law that your answers are true, accurate and complete......they darn well better be.
 
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P89DCSS said:
Is there a good video or website that goes through the process of preparing a SBR to be registered on form 1 and actually filling out form 1?
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https://www.atf.gov/firearms/docs/f...-and-register-firearm-atf-form-53201/download and follow the instructions.
AR15 moderator has an ongoing thread on Form 1 submissions:https://www.ar15.com/forums/Armory/Visual-Guide-How-to-Fill-out-a-Form-1-using-EForms/17-493132/


How is the no-cost option invoked? Is there a special form 1 for the no-cost form 1 SBR? Box to check?
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The rule that was recently published applies only to specific firearms possessed on the 1/31/2023.
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces



Any advice for first time filers?
Click to expand...
Apply early, apply often, repeat.
 
P89DCSS said:
Thanks for your response. Any hints about which part/page of the 98 page document covers the no-cost option for those of us that possessed our qualifying firearms with brace before 1/31/2023?
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The best hint is reading what's on that webpage.;)
Scroll down to the "How do I complete an eForm 1 application?"
 
dogtown tom said:
The best hint is reading what's on that webpage.;)
Scroll down to the "How do I complete an eForm 1 application?"
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No such term in the linked document. As for reading and interpreting the document, I've decided to copy what well informed members of of this forum are doing. Thanks.
 
And here is the website for filing an E-Form for NFA items. https://eforms.atf.gov/login;referrer=/home

Notice on the right that there are instructions and a specific link to follow if filing a tax free Form 1 for a braced pistol per Rule 2021R08F. Note that you will have to register and create login credentials and a password first.

Screen Shot 2023-02-11 at 5.45.15 PM.png
 
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FRAC, SB Tactical, 25 states and a wounded warrior have joined forces to sue the DOJ and ATF on the new rule. Guns & Gadgets has a full report:
 
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I'm sure we're going to have a flurry of lawsuits. I'm not a lawyer, I can't interpret which ones will be more effective than the others.

The main thing I personally need to follow- we need to know if there's a stay or pause in the 120 deadline, including the SBR free registration.

I likely will file to get several registered... one of my main concerns was how to pass the ones registered to me, down to my son (I'm mid 50's, and I do have one eye towards "after me" regarding everything I own). As I understand it, if I specify that he receives them in a will, it's a no-cost transfer to him. He would also be registering several, my concern was that he ends up with them all some day. Along with the rest of my stuff.

I suppose the "wise" move, if there are any, would be to keep (at least) one pistol, and register (at least) one SBR per person, if they have multiple. In an AR format, this gives you options both ways.
 
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