ATF PISTOL BRACE RULE AND SBR AMNESTY

ITTOG

Well-known member
So... What are you going to do? or, given none of us have an AR pistol with a stabilizing brace of any sort what would you recommend my friend do that does have one? Is it as simple as removing his forearm brace and replacing it with a buffer tube? Or, do you feel taking advantage of the amnesty and getting the free tax stamp makes more sense?

I know everyone's responses will be hypothetical but thanks in advance for your contribution.

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ITTOG

Well-known member
Yes your first statement is key. This thread would lose all direction if we talked about that.

So you don't think putting a buffer tube on prevents my friends pistol from being considered a short barrel rifle?
 

smbisig

Adventurer
I think you have 120 days to file for the free tax stamp, so my "friend" is going to wait a bit. Reading some other posts on FB, sounds like as soon as this new "law" was announced, thousands of lawsuits were filed. Mainly because millions of braces were sold and were deemed legal when sold, and overnight they essentially made you a felon for having one mounted.
 

BritKLR

Kapitis Indagatoris
In my opinion (FWIW):

A removal of the brace and replacing it with a buffer tube certainly could, on it's face, change it to a "pistol" that would make most happy at the shooting range, but, it doesn't change the make, model, serial number of what it's original manufactures specifications were and what was originally documented to the ATF as (SBR with a brace). So, in other words, it's always going to be in the system as a "Now" unauthorized SBR due to the "pistol brace thingy".

Also, something thats going to heighten this issue is these were "designed" for shooters with disabilities so they could velcro them to their arm to shoot and enjoy the hobby of shooting, not build up like some SF CQB video game. I don't think it will pass the "reasonable" test in court or a "PC" test in the field if after 120 days "friends" are caught with these things and have both arms, hands, all fingers, no documented disabilities, no tax stamp and running and gunning from the shoulder.

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FWIW. Opinion only.
 
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Northland

New member
Mainly because millions of braces were sold and were deemed legal when sold, and overnight they essentially made you a felon for having one mounted.

Actually, they gave you 120 days to get a free stamp. This is likely the same thing that happened when full-auto weapons or anything else which had no specific regulation became regulated. Have to start somewhere.

The alternative could have been ATF forbidding the braces right out of the gate while they “studied” them, and then coming to the same conclusion. Except that way, no one would get a free stamp. Everyone would have to buy one.

Good luck to anyone filing a lawsuit against the ATF. It’d be far easier (and cheaper, less time consuming, and less of a PITA) to get the free stamp.
 

ITTOG

Well-known member
Actually, they gave you 120 days to get a free stamp. This is likely the same thing that happened when full-auto weapons or anything else which had no specific regulation became regulated. Have to start somewhere.

The alternative could have been ATF forbidding the braces right out of the gate while they “studied” them, and then coming to the same conclusion. Except that way, no one would get a free stamp. Everyone would have to buy one.

Good luck to anyone filing a lawsuit against the ATF. It’d be far easier (and cheaper, less time consuming, and less of a PITA) to get the free stamp.
I think his point was that you have to file to get the free stamp. It isn't like you don't have to do anything.

My friend tells me he would be more open to apply for the stamp if it didn't require a notice any time he wants to take the pistol across state lines. I am not the gun enthusiast he his so that requirement seems stupid to me.
 

TripLeader

Explorer
Taking the stamp makes the most sense in my mind. That way you can generally add whichever accessories you want and not have to worry about new regulations.

But, if you are going to consider selling it ever in the future... now the next buyer will have to pay more for their own stamp, vs. no stamp with a pistol sale. (At least in states where pistol sales are not restricted.)
 

WVI

Adventurer
If you get the free stamp and make it a legal SBR, and the "rule" is overturned, you are going to be stuck with an SBR and all the regs and cost associated with it as long as the firearm exist.
 

ITTOG

Well-known member
If you get the free stamp and make it a legal SBR, and the "rule" is overturned, you are going to be stuck with an SBR and all the regs and cost associated with it as long as the firearm exist.
Given this has been in the works for over two years I doubt it will be over turned at this point. Seems like there has been plenty of time to do that and so far not successful.
 

BritKLR

Kapitis Indagatoris
IMO.

The issue is regulatory, not ownership.

I doubt it’ll get overturned. If you want one, you’ll go through the process and get the tax stamp. If you don’t want to go through that process/expense, you won’t. In the end it’s still your choice of ownership based on the regs.

My “friends” silencer is the same thing.
 
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Umbrarian

Observer
Not sure how anyone can turn down a tax free SBR that you can then put any stock on, including cool ones not yet designed that will come years from now.
 

bob280zx

Observer
I have one of the now evil AR pistols and frequently shoot with my neighbor who lives about 300 yards from me - in another state. Legally, I’ll no longer be able to do that. Free stamp not withstanding, taking my now SBR to my friends house will requiring filing ATF Form 5320.20 (Application to Transport or to Temporarily Export Certain NFA firearms). Typical response time at present is 3-4 weeks. Said approval must be in hand prior to travel.

I feel so much safer
 

jaxyaks

Adventurer
I would tell your friend to think long and hard about it, the amnesty period does not say they will be approved, if the form is submitted and it takes more than 88 days to get the approval back, it is an automatic denial and the ATF has said they will then take enforcement action, and since your friend now has been denied an application for a SBR that he told them where it was, and who owned it...It makes for a pretty easy enforcement action.

Have your friend ask himself, why this particular form for this program requires a photograph, when that is not normal practice...those are things I would be telling my friend and would make me think....hmmm....

I would tell your friend to find a 16 inch upper and stick it on the rifle and see how this plays out. Or sell the firearm before it is published in the register.
 

jaxyaks

Adventurer
I have one of the now evil AR pistols and frequently shoot with my neighbor who lives about 300 yards from me - in another state. Legally, I’ll no longer be able to do that. Free stamp not withstanding, taking my now SBR to my friends house will requiring filing ATF Form 5320.20 (Application to Transport or to Temporarily Export Certain NFA firearms). Typical response time at present is 3-4 weeks. Said approval must be in hand prior to travel.

I feel so much safer
Pick up a 16 inch upper and stick on it and get a sturdier brace....
 

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