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Thread: Pistol Brace-Stuff

  1. #1
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    Default Pistol-Brace Info

    I've scene a few for sale on here and other places. As I said I'm not a lawyer. I only play one in regards to Murdaugh trial stuff.
    ***But until this is adjudicated PLEASE remove the brace from the host***

    Please take note!

    The ATF has basically for all intents and purposes made any "pistol" with a brace a SBR. I've sat through one of their course, and read copious amounts of info on the matter. Yes, there are ways around it. But you better know the law better than they do, and based off multiple conversations at this junction they are confused. Or make sure your Chief LEO is not gonna prosecute arm braces on firearms with less than 16-18" respectively depending on said platform. Rifle or Shotgun.

    Please take this info and use it as you see fit, and stay legal.

    https://www.atf.gov/rules-and-regula...ilizing-braces

    On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. The final rule was published in the Federal Register on January 31, 2023.

    The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.

    This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered no later than May 31, 2023.

    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.




    Here is the entire ruling if you want to read it:
    https://www.govinfo.gov/content/pkg/...2023-01001.pdf



    Here are pics and examples:
    https://www.atf.gov/rules-and-regula...lypdf/download



    Here is a congress critter pleading with you not to register the item. I could also go into why not too, and it mainly has to do with capability and existing NFA law.
    https://www.breitbart.com/2nd-amendm...r-pistols-atf/
    Clyde stressed his concern that the ATF is actively trying to form a database of gun owners and his belief that stabilizer brace registration is simply one more way the agency can get gun owners’ names on a list.
    Clyde continued, “It is so outlandish that ATF is doing is. They have violated the law–they have violated the constitution, which is law. I am confident this stabilizer brace rule will be shot down and I don’t want it to take six years, like it did with the bump stock issue. So, in the meantime, I don’t want people to run afoul of ATF, because they have the resources of the government and individuals generally do not have the ability to withstand those kind of resources being brought against them.”

    He added, “So, I would recommend people remove the braces, and that complies with one of the options that ATF provided for complying with their rule. And this is a way to comply without being on the database, because this is truly, in my opinion, simply a way for ATF to register more citizens who own firearms.”
    Clyde noted that structure of the ATF registration process includes having each owner of an AR pistol with a stabilizer brace create a digital profile and register the firearm via eForms. He then observed, “In other words, it is not just that ATF is trying to register gun owners but they actually having the gun owners do the work for them.”


    He concluded, “It’s unconscionable that ATF is doing is. And people shouldn’t willfully assist them in doing what is wrong.”

    On February 10, 2023, Breitbart News reported Clyde’s initial takeaways following the publication of the ATF’s stabilizer brace ban. He discussed his plans to block the ATF pistol brace rule and shared his conviction that the Biden Department of Justice “doesn’t want an armed citizenry” in the first place.

    AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
    Last edited by Silentweapon338; 02-25-2023 at 09:35 PM.
    Yup, he's crazy...


    like a fox. The dude may be coming in a little too hard and crazy but 90% of everything he says is correct.

    Sort of like Toof. But way smarter.
    ~Scatter Shot

  2. #2
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    So if one has already registered an NFA item and is already in their database, is this a good opportunity to get a short barreled rifle built and not have to pay $200 for the stamp? Gun dealers should take advantage of this opportunity and start an advertising campaign "$200 off that total cost of a new SBR"!

    I hope the end result is a surge of people new to guns that figure this out and decide to get a SBR hog gun in "Blackout 300" like the one they saw during the Murdaugh trial.

  3. #3
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    What is the law on not having a shoulder stock on a rifle? Is an SBR without a stock legal? Is an SBR with a brace legal? If you simply take the brace off of a pistol (and dispose of it as described in the ATF document above), does that make the pistol legal?

    I do know that if you have all the components to assemble an SBR and don't have the stamp, they could conceivably prosecute even if it isn't assembled. When I was building my SBR, I had most of the parts collected but decided to temporarily "sell" the short barrel to a friend until the stamp came back, just to stay on the legal side. I wonder if at some point they could construe the bullshit to prosecute someone in possession of a brace?

  4. #4
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    If you have one that’s unregistered or the materials to make one, how do they know to come get it or you?
    \"We say grace and we say maam, if you ain\'t into that, we don\'t give a damn.\" HW Jr.

  5. #5
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    Does one just remove the brace mechanism or must one also replace the buffer tube that accepts the brace mechanism with a smooth tube?
    A vote is like a rifle: its usefulness depends upon the character of the user.

    Theodore Roosevelt; 26th president of US (1858 - 1919)
    ____________________________________________

    “A fear of weapons is a sign of retarded sexual and emotional maturity” Sigmund Freud

  6. #6
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    Once you figure out the correct use of scene and seen maybe then I’ll consider taking legal advice on firearms from you.
    Houndsmen are born, not made

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    I knew it wasn't real because no dogbox...

  7. #7
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    Quote Originally Posted by Palmetto Duck View Post
    If you have one that’s unregistered or the materials to make one, how do they know to come get it or you?
    Because a whole lot of people are about to admit that they are in possession of said item by filing for the "amnesty." Part of that process will involve a picture and description of your pistol with a brace you wish to register as an SBR.

    If an application is not processed with in 88 days it is automatic disqualification, and kickback to generator. They are running about 10 months on eForm4's currently. They re getting eform1's out in 30-45 days.. That said you just potentially dumped upwards of 60 plus million new applicants at one time. I seriously doubt more than 8-9 million will try and register. That said it's 8-9 million more in the system to work out. The system cant handle it. If you dont get processed in 88 days you just admitted to a felony. If an application isnt processed in 88 days it is automatic disqualification. This doesnt mean finished the process, merely past the part they have all your info but havent begun the actual "here is a new item to the registry."

    **'What is the law on not having a shoulder stock on a rifle? Is an SBR without a stock legal? Is an SBR with a brace legal? If you simply take the brace off of a pistol (and dispose of it as described in the ATF document above), does that make the pistol legal?"**

    A rifle and pistol literally get their definition by how the item is mean to be fired. As long as the rifle has its stock removed but is still meant to be fired from the shoulder and has a barrel over 16" and an over all length of 26" or more it is an rifle. If the overall length is less than 26" and you meant to fire it one handed it could be a pistol. Or maybe you originally registered it as an FIREARM. It gets crazy.

    A registered SBR doesnt care if you have the stock on or off temporarily, if permanent an addendum to OAL over all length must be filed on the form1/4.

    If the pistol has the brace removed then under current interpretation the item is still a pistol. If the Brace is left on the firearm it becomes an SBR and is subject too all laws regulating SBR's


    **So if one has already registered an NFA item and is already in their database, is this a good opportunity to get a short barreled rifle built and not have to pay $200 for the stamp? Gun dealers should take advantage of this opportunity and start an advertising campaign "$200 off that total cost of a new SBR"!**

    Each item is its own entity in the database. Because you have 1 item doesnt mean you can just make freebies.....normally. However in this instance make as many as you want or see fit too for the amnesty. But once you transfer it out of your name to another individual there will be another 200$ tax. If it goes out of the individuals home state (for sale), then the NFA item must be transferred to an SOT who pays 200$ to put the item on a form 3. It is then transferred to the state of the buyer. Once it is moved to that dealer, then the item is put back on a form 4 in the new owners name, for a total of 400$ in taxes. This is much like in the mid 90's when they granted amnesty to Street Sweepers, and now you have a bunch of folks about to pass trying to figure out how to unload said street sweepers because of that 200$ tax.

    As far as a SOT/02 they can already make all they NFA items they want the 200$ tax isnt paid until an individual take possession.



    **Once you figure out the correct use of scene and seen maybe then I’ll consider taking legal advice on firearms from you.**

    Auto correct from talking about the murders so much. I dont care if you listen to me or not. It's why I posted direct links to the ATF and their interpretations.
    Yup, he's crazy...


    like a fox. The dude may be coming in a little too hard and crazy but 90% of everything he says is correct.

    Sort of like Toof. But way smarter.
    ~Scatter Shot

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