If Pistol brace rule gets tossed…

[WestKentucky]

With all of the hullabaloo about braces happening, there is 1 thing I need answered. I feel like many may be wondering the same. ATF may be wondering the same as well based on what I’m reading and reading between the lines of.

IF the pistol brace rule gets deemed unconstituational and gets killed by SCOTUS, what happens with paperwork for free stamps? Are all brave rule submissions simply rejected as the rule no longer applies? Do approved forms keep approval and remaining paperwork get rejected? Do they continue to process since people did what was legally allowed and promoted?

I’m trying to understand the playing field as it may be in the near future. I’m waffling on submitting anyways but I would like a better understanding of how things will play out assuming SCOTUS throws it out.

 

[dogtown tom]

.....IF the pistol brace rule gets deemed unconstituational and gets killed by SCOTUS,

In 2029?
It may take a while to get to SCOTUS.

what happens with paperwork for free stamps?

IMO, those stamps are valid SBR stamps because the NFA allows "the Secretary" to allow for tax free registration.

Are all brave rule submissions simply rejected as the rule no longer applies?

At worst, no more applications would be accepted.

Do approved forms keep approval and remaining paperwork get rejected?

I think it will be years before SCOTUS hears this case, if they choose to hear it at all.
Meanwhile the deadline for the forbearance period is 49 days from today.

Do they continue to process since people did what was legally allowed and promoted?

No eForms for this rule will be accepted after May 1st. Given the speed that ATF is approving these Form 1's I would expect all approvals by the end of July.

I’m trying to understand the playing field as it may be in the near future. I’m waffling on submitting anyways but I would like a better understanding of how things will play out assuming SCOTUS throws it out.

No one knows how it will play out, but it may be years.

 

[bwalker36]

If I had my guess they would either just leave them and you can keep your sbr or they will ask you to pay the 200 to keep the form 1 good.

 

[dogtown tom]

If I had my guess they would either just leave them and you can keep your sbr or they will ask you to pay the 200 to keep the form 1 good.

The Form 1 is good as soon as they mark it approved.

 

[hso]

Magic 8 Ball says...no one knows the future and random "what if's" aren't going to show us the future.

 

[Balrog]

You could already buy an AR pistol, and then do the paperwork, pay the tax, and have it registered as a SBR so you could put a stock on it.

So if you do that now with an AR pistol, I think it will still end up registered as an SBR even if the rule is thrown on on the last day.

 

[zdc1775]

No eForms for this rule will be accepted after May 1st. Given the speed that ATF is approving these Form 1's I would expect all approvals by the end of July.

I thought the last day to submit was May 31st since that was 120 days from the date of publication or did I miss something else that came out?

 

[rust collector]

From the ATF site addressing the new arm brace rule:

This rule is effective on January 31, 2023, the date it was published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023; 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. Or the firearm is destroyed.

There is no definitive answer to the OP question. Speculation is not the purpose of the Legal section.