A firearm is a firearm. Absolutely. But,this is what it is folks. 87 of the Federal You can't loan it to anyone. It's just a SBR. I dont see any mention of Other Firearms that have a brace, forward vertical grip, and OAL greater than 26 inches. At this point, that's what the ATF is saying Everyone realizes that this isnt going to go through. There is no guarantee that this will be the case; they could just as easily follow the bump stock playbook and ban existing possession through executive order. Hey Jackie ; If you really wrote this, good job! And since when can an Agency create a new law? They were added to prevent a backdoor loophole for hand guns because originally it was handguns that were going to go on the NFA but when it got decided that hand guns would not go on the NFA they never took SBR"s off and here we are all these years later with SBR's on the NFA for no reason. ATF is not in that list, they also have a Dun and Bradstreet #, they are a for profit corporation. I think it's less likely, but it's certainly within the realm of possibility. But if you attach it to a pistol that is not NFA stamped, it becomes illegal as of May 31, 2023. Since 2006 with the Akins Accelerator, ATF has followed the former approach, interpreting single function of the trigger to mean the shooters single act to initiate a firing sequence (a pull, push or other activation of the trigger). This is the correct answer. We only get upset when the OTHER side does it. Amd the overreaching duppressor rules, and the overreaching machinegun rules marjorie taylor greene just introduced legislation to dismantle the atf I think the ATF and Legislature have wavered so much as to model their tune. I impatiently wait for the final verdict on whether I can shoot my AR pistol with a buttstock or a brace (which is painful for me). No I think it is still an AOW due to not having a rifled barrel. The use by able bodied shooters not withstanding, the initial reason for their existence is still very valid. This site won't let me share the link. The pistol brace is definitely an accessary and even necessary in some cases for people with disabilities. I'm thinking about tax stamping my MPX anyway, then throwing a stock on it. The ATF, as well as any other federal agency, lacks the power to change definitions that are clearly laid out in Congressional statutes. Its to prevent a tyrannical government from over stepping and disarming the people either all at once or incrementally. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) defines a short-barreled rifle as a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches. Oh, and now that we know youre the type to buy illegal firearms, we will raid your home with a search warrant for any other firearms you might have!!! It is perfectly fine to assemble a Rifle with a barrel length of 16" or greater with a Lower Receiver stamped "Model Pistol" (you just cannot change it to a barrel with less than 16" in the future). Yes you can permanently attach a "can" to make the barrel 16" or longer. If you ever must use your pistol, you will probably be in your bedroom; if you are really worried about having used it, take it off and put it under the bed before the authorities arrive, just don't say anything. My understanding is the reason for the change to SBR status for short barreled pistols is the actions of the 2019 Dayton Shooter. DO NOT REGISTER! You pretty much have to either put a 16" barrel on it, destroy it or turn it in. now they want me to register an ar-pistol with a brace, that I bought completely legally just a few years ago? This is just another small step in the Gun Control mind set toward getting rid of the Second Amendment!!!! It's all about expediency because Congree can't give it's attention to everything it needs to. Short answer- they cant, but they would really appreciate all your info so that they have evidence (provided by you) that you are an illegal possessor and they can visit you at their leisure. The term machinegun is defined in the National Firearms Act (NFA) as: [A]ny weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a I can think of maybe two. If I don't get the stamp/registration because I am using it properly, will I be able to legally sell my weapon in the future? Yall stay safe,and take care. I'd guess the NSA already dug that data out of their computers. When they could not get all the unconstitutional nonsense through they dropped handguns, but because of a completely irrelevant exception one legislator insisted on including for 18 and later 16 deer hunting rifles, the NFA has been interpreted as regulating short rifles. He fired 42 rounds in less than 30 seconds, killing 9 and injuring 17 others. See how that intent thing is so slippery? It even clearly calls out short smooth bore, not rifled guns. barrel on or just yank the brace off and be done with it. This is a charge being pursued by several lawsuits about the ATFs recent shenanigans, such as the Frames and Receivers rule, the Bump Stock Rule, and the Pistol Brace Rule. I pass on them. The basic summation is that any law, rule, regulation or Judical decisions banning firearms, firearm accessories, ammo, etc. Since when does the ATF have law making authority? A very functional version of the tailhook brace can be made in a few minutes from a short piece of 6"pvc pipe, a heat gun, and a nut and bolt. Any gun law is an infringement on our rights. That was just a nicer, Orwellian phrase for bald-faced lies. i say write your representatives and ask for answers. Time to move off the grid. I'd love to know what their agents think about this. Just like bumpstocks. Age 18 to purchase. ATF cant make laws any more than joe can ?! The ATF is the regulatory agency for the firearms industry, which gives it the power to interpret and apply federal laws governing firearms. The rule states less than 16" barrel or 26" of overall length. Seems the policies being made are done by those uninformed politicians and not common sense. The Article you quoted from is the one interpreted by the Court as giving Congress the power to create these agencies and give them authority to make rules that carry the weight of law. Will that be the new infringement attack? Thank you for the info. Most of them are now in the same camp as it comes to the 2nd amendment. The BATFE operates in partisan, subjective, and arbitrary manner BECAUSE it's unaccountable. Do not fall for their fuckery. If it started as a rifle or was originally a receiver that was first assembled into a rifle it is stuck as a rifle. We didn't! No permits, no background checks, just treat the 2A as a Right. Nothing has changed about human nature except the calendar year. Install a smooth buffer tube on it. "STOP INFRINGING, YOU TRAITORS!" Traditionally, if you make an SBR, you must mark it, but the ATF says that no additional marking is required so long as the gun is already stamped with the manufacturers information. The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. What else is new? Type your new password and hit button below to confirm it. When is Congress going to tell them that? My Rep is Boebert, and she is a pretty staunch defender of the 2nd, so I hope she'll push the cause in the House. Does this new revision affect these and other pistols on the C&R list, where such pistols ar over 50 years old? Far too many bloggers and clickbait artists are ignoring this: If you have an old school pistol - with the pistol buffer tube or even carbine - just take off the brace until this all shakes out. I think if you build with and 80% lower it does not have a serial number. I found this in some research. Why dont you look up why it is you need to get a tax stamp for your silencers lol Shes passionate about self-defense and sharing what works (and what doesnt) with readers. I just hope and pray for our future generations. When I use a word, Humpty Dumpty said in rather a scornful tone, it means just what I choose it to mean neither more nor less. This is part one of a three-part alert from Reeves & Dola, LLP on ATFs new definition for frame or receiver. And yes, it looks to be that way at this point in time. It gained steam, especially among disabled shooters, because it allowed them to control and fire AR and AK carbines safely. If you are concerned don't use your real information. Those are some very expensive firearms, mostly in possession of collectors. And you can never transport it across State lines without written approval each time. What about "Others" where would a Troy A4 fall in? This ATF should be abolished theyre an abomination and clearly violation of the Constitution and Second Amendment.. Im tired of just standing by as they tramp all rights. Thanks for clarifying the muddy the waters. The humor is as good as the presentation and very appropriate. Very good point. It is not. Select what level shooter you are! you a link to reset your password. Great job at condensing this convoluted topic into simple language a newbie can comprehend. All you have to supply is a first and last name and an email address. You asked, What part of your comment was logical, or fact-based? All 4 sentences were logical, and 3 of the 4 were fact-based. As gun owners clamored to fight the bureaus proposal reclassifying braced AR pistols, they were in for yet another surprise. A "pistol" brace is CLEARLY an accessory and not a firearm, nor does it make the firearm more dangerous; quite the opposite, it makes the firearm more stable! Restrictions, bans, fees and or fines all sound like infringements to my aging ears. United States v. Ruiz, 986 F.2d 905 (5th Cir. Click below for a FREE LESSON! Agree 100% there is a legal practice called the Legacy Law that provides you cannot be held accountable for something that you have been doing prior to the new law. .gunowners.org/na06102021/. What is the ATF definition of a firearm? Jackie Billings, what does this mean: "Also, if you own a lower receiver with a factory-installed brace, you will have to pay the $200, as the exemption is only applicable to already completed firearms." The NFA (1934) and GCA (1968), along with every federal, state, and local 'law' downstream from those statutes, are blatantly and demonstrably unconstitutional 2nd Amendment infringements. Feel free to hand over your fingerprints and pictures of your now illegal SBR to the AFT so that they can prosecute you as a fellon. This regulation explains requirements (including tax and registration) for manufacturing, making, dealing in, transferring, importing, and exporting firearms There's also consideration of the 88 Day Rule in this that isn't mentioned. Only Congress can do that. I am a disabled veteran my injuries are both service connected, and then working for a Federal Agency. i dont care about the tax Plus like some of the disabled shooters out there this hits with ADA. We need to be more aggressive and not only squash the stupid pistol brace proposal but also eliminate the overreaching SBR rules as well. Their swords and every terrible implement of the soldier are the birthright of Americans. As that old saying goes, Youre entitled to your own opinions, but not your own facts. To that end, repeating ad nauseum that the election was stolen doesnt make it so. $200 x40m. I read this 300 page document, I was a DOJ litigator for about 24 years-I cannot make sense of what is covered by the dubiously constitutional NFA and what is not. Always consult an attorney when it comes to firearms regulations and local/state laws. I am not a proponent of braces or the ATF! 90 day clock is ticking now and comments are needed. Again, before heading into the tangled legal battles surrounding the ATF and braces, we need to make a pit stop and discuss AR pistols. What are they doing with it? However, there was a loophole so to speak and now there's not. This time its pistol braces whats it gonna be next they change the definition of. Psychological mayhem to get a check FROM YOU. You want a firearms designed to kill lots of people quickly go through the NFA process, to prove you arent a criminal or a crazy. What about the Troy A4 other - its not classified as a pistol, AOW or rifle.. its also 26-1/2 long but the barrel length is less then 16. Sounds like that's the consensus, unless that pistol brace is attached to a 16in upper. Armed with a degree in journalism and certifications as an NRA Pistol Instructor and AHA BLS Instructor, shes penned thousands of articles for the gun industry. Then look how are former president and his family was treated even before he became president, then look today what the three(3) big Tech Company's have done to brainwash our children, and grandchildren. Going to update this article to mention anything about the 120 day timeline compared to the 88 day background check automatic rejection? If I lean my handgun alongside a barrier does it change it mechanically NO. I do not plan on removing it or registering it with the ATF. Whats your favorite flavor of boot polish? Weve got a dedicated section for the AR-15 here. That sort of logic won't fly and can only bring problems. Bottom line here, what is the difference if you shoot a gun holding it in your hands or if you stabilize the gun with your shoulder? Enough is enough! The government is not banning these or gun-grabbing, they are just requiring registration as in accordance to already established law. To LAW ABIDING GUN OWNERS, WebThe ATF Form 1 is an application to make and register a firearm under the National Firearms Act (NFA). We wouldn't be here if this country would find some middle ground on gun ownership, safety, regulation, control Whatever you want to call it. - Dont miss the bigger point in all of thisthe NFA clearly violates the plain language of the 2A. Because they were specifically designed to accommodate the rules published by the ATF, and the ATF had already certified that they did so. Jacki Billings delved into the world of guns while earning her black belt in Yongmudo. STOP THE WAR ON GHOST GUNS And recent generations are guilty of being aesthetic slaves as well. Those folks will have to convert the gun into a carbine or be in non-compliance. The SHORT Act is a good, simple start: remove any SBR and shotgun wording from the NFA, prohibit states from creating their own unconstitutional regulations, taxes, or registries, and trash all related records from the existing registry. Since when did BAFTE become part of the legislative branch?? I thought so, but hoped it was otherwise. I like the ergonomics of it (my nephews' is a blast to shoot), but it always seemed a loophole ready to be choked. If they (Government) can get us all to abide by this. One thing that I would like to know more about, is who is the most effective at fighting these spurious regulations? Do they work as intended? pistol outside of the pistol grip; (v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the If you want to travel with an SBR you do need to fill out a form and get approval but it is valid for 1 entire year. I think its wrong though to mandate destroying the brace in any manner. Just another MONEY GRAB TO DISCOURAGE THE LAWFUL FIREARMS USER. For years, non-disabled people have taken advantage of that loophole to acquire what is clearly an sbr without going through the process. Pistol? To get a handle on how difficult this points system can be, check out this fantastic video from Guns.com writers Ben Philippi and Chris Eger as they try to determine whether their AR pistols are legal under the proposed rules. It will most likely not be overturned. So just keep an extra 16" upper around and if they come knocking quickly swap?? The judicial branch interprets the laws(ie the NFA), and the legislative branch makes the laws. the new ATF rule is HIGHLY ambiguous and it does NOT explicitly say Everyone who owns one of these must now register it. It says you must register ONLY IF it isnt your intention to own it for disabled use. You act like your so high and mighty standing up for wounded vets but you forget what they were even wounded fighting for. They skirted around the Constitution first. Q: If I register, how long do I have, do I have to pay the $200 tax, and does the gun need to be marked? Loud, ballistic loss, concussive. So to register it under the new rule, you would have to pay the $200 tax. And lastly, the left plays by no rules at all, except the ones they make and change on the fly. Pistol conversion to Carbine kits???? As soon as I saw them measuring OAL with the muzzle device attached nad no sign of it being welded on, I figured out if they can't even read the basic instructions, the vid was a waste of time. we changed our mind. Despite a certain cool factor, braces actually help gun owners who struggle using full-length, shouldered rifles enjoy AR-style firearms comfortably. AR pistols are still legal. I am not a lawyer BUT here is the key phrase ' used for criminal activity.' You are already on a federal gun registry if you bought or transferred a gun through an FFL in the past 20 years. So if you register your AR/AK pistol with the ATF can you take off the brace and add a buttstock? I think I'm going to ride this one out though as I see it, it would be unconstitutional. WE NEED SMALLER GOVERNMENT! ie end of barrel to where? Your pistol with the stabilizing brace would fall under SBR territory. Did you see the headlines in the media? It almost makes sense, whereas the actual legislation is incoherent. The governmental overreach is out of hand. Brace - no brace, does it really matter. Keep your brace, write your Congress and senate reps and wait for this all to blow over. Don't you have to own the "pistol" prior to the start of the grace period? Really isn't as big of a deal as you are making it out to be. Yes, elections have consequences. According to the proposed rule, if there ends up being more than one frame or receiver under the new definition, the ATF will determine for you whether a specific part of your firearm is considered a frame or receiver.. The only things these agencies and bureaus fear is Congress, which also has the authority to dissolve them. It's complete nonsense, like the rest of the NFA. It's operation is in conflict with the 2nd amendment. What ever happen to our Constitution, and the first 10 amendment's called our Bill of Rights, and the True Rule of Law, with not no politics, or getting out of jail cards, no changing the true rules, from pressure that causes a love of Power, and a love of Money, and a Greed, which brings us to a two (2) tier justice system, that becomes corrupt, and those who truly knows what it means to a Empire, a Country, or a Kingdom, and the oath many have taken before entering one of our armed services, or agencies. If you dont get a stamp in the next 120 days and you registered you basically provided evidence for them to come get it because the majority of people wont make the ban registrations date. Alternatively, the customer can file an e-Form 1 or paper Form 1 in order to get the braced firearm. That might be faster than waiting for the courts, and Congress put the kibosh on ATF's earlier attempt. Trump didn't even say much about. I thought Congress did that. *Asking for a friend. The idea being that if the brace essentially makes the pistol act like a rifle, then it should be considered an SBR instead of a pistol with a brace on it. * Is it really legal to convert an "existing complete pistol upper & lower receiver gun" into a 16" carbine rifle using the original pistol lower receiver w/ a new 16" rifle barrel upper and carbine rifle stock ??? Im sure lawsuits will be flying over this one. Yep. By May, the first Pistol Stabilizing Braces were hitting the firearms marketplace. Even if they dont keep the reconds on file in government somewhere, they can get them anytime they want. same son who broke hand gun laws and lied on an application and they are worried about pistol braces ? This isn't the first time this issue has been brought up. SBRs shouldn't be regulated in the first place. *** So where does a tail hook brace fall it the definition of brace requires the Velcro strap ? And stomping your feet and insisting otherwise doesnt make it so. Rifle? The frame or receiver of any such weapon; C. I cant see why the ATF is concerning itself with LEGAL purchasers of AR pistols. My point was simply if given a gift (an accommodation or loophole in the SBR law/classification) don't look that gift horse in the mouth and don't shoot it either. You know what they can legally do to us then. Firearms with pistol grips attached: The definition of a shotgun under the GCA, 18 U.S.C. The rule goes into effect on the date of publication in the Federal Register. And yes, it absolutely comes off as stomping your feet. So in the Bumpstock rule the ATF explicitly stated that only congress could authorize an amnesty to NFA registration requirements, so how did they magically find the ability to allow an amnesty this time? Where is your degree from? All or nothing. (This is not legal advice and I'm not an attorney so it's always a good idea to consult a lawyer.). The stolen election narrative was itself a hoax, perpetrated by a man who is on the record saying that he will NEVER admit to losing ANYTHING. So, you're free to call people names and stomp YOUR feet because we all don't accept your bonafides as America's informed election expert. 1st of your braced pistol, then your entire firemans collection when they slap you with a felony for being an illegal possessor of a SBR. The atf, us Marshalls, secret service, cia, Homeland security officers, state police, sheriff's, local police, and all active duty mp's are not enough officers to enforce one by one a mandatory confiscation of 10-40 million privately owned guns. Whats that you were saying about logic?? Old thread, I know, but IMHO the wording of 2A is meant to ensure all citizens have access to firearm ownership should a militia be needed. As we mentioned earlier, a pistol brace uses Velcro to attach to the shooters forearm. 5165448841 is the product code. This same justification applies for including starter guns within the definition of a firearm. If you use a hammer to bash someone's skull in, it is still a hammer. Are we simply giving them a quick and simple list of all 'possible' AR owners to make it easier for them when the confiscations begin? That said, the Bureau was not able to give any estimate on how long the wait for approval will be. A 2014 letter by the ATF determined that adding a brace to an AR pistol would not move it into SBR territory. Except now it's different again. According to the Dick Act, the NFA is illegal. so where do we stand as of Oct 2022? I will always and my wife will try to protect not only family, but our neighbor's and even when we see someone in trouble, which has happen before. It is about the concept of moral agency. Seriously. Call me a Provincial but I think that means YOU (ATF) have no F'n authority to make rules about my firearms. Q moved swiftly, encouraging owners to disassemble the Honeybadger or register it with the ATF (which they offered to pay the $200 fee for). Im happy to register and jump through the ATF hoops to use for self defense and at the range, but not happy about the stamp or the long approval process. What about just a foam cheek rest? Super article Jacki. Maybe the GOP will finally for once do something FOR Patriots. But realistically speaking the atf dont confiscate - they burn down your house or shoot your dog. Things in the AR world were just fine.UNTIL THE GOVERNMENT (ATF) started 'THINKING'. The SBR argument is ridiculous to begin with. So before may 31st, you dont have to pay the $200 tax from what I understand. 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