[ED: This op-ed was written by a prominent individual who is intimately involved in the firearms community and wishes to remain anonymous.]

ATF published their new pistol brace rules in the Federal Register on January 31st, kicking off the 120-day grace period for owners of firearms equipped with a pistol brace to register them as SBRs without having to pay the $200 tax that has existed under the NFA since 1934. Do not do it! Here’s why . . .

First, even if you’re inclined to listen to the ATF and register your pistol as an SBR (even though it isn’t one)…wait. Just wait a hot minute. There are literally dozens of lawsuits that have been and are being filed, both from pro-2A legal orgs that you know and love and from a surprisingly large number of states. Reps in Congress also have their hackles up on this one and are making moves.

I’ve spoken with folks in the know at every level of this fight — brace manufacturers, political action / lobbying groups, politicians, Second Amendment-focused legal groups — and the unanimous consensus is that an injunction or a stay is expected on this ruling very soon.

The prediction is that a likely worst case scenario involves the rule being tied up in the court system under an injunction/stay for a couple of years before a higher court allows it to go into effect. The better and reasonably likely scenario is that it gets thrown out in court and dies the horrible death it deserves. But even in the case where the pro-liberty side loses, it’s expected that there will be a couple years of purgatory first.

So…wait. You have more than 100 days (has to be done by May 31st) to submit a filing within ATF’s grace period. Sit on your hands and stay tuned for news of the injunction we’re all hoping for.

SB Tactical pistol stabilizing brace
Travis Pike for TTAG

The second reason not to do anything is…it’s a trap. ATF asserts that you’re now in possession of an illegal, unregistered SBR. This is why, in their “enforcement discretion,” they’re offering an amnesty period from the federal law. Taking advantage of that amnesty is tacit admission of guilt.

The free tax stamp isn’t so you can put a shoulder stock on your SBR once your Form 1 is approved, it’s offered because ATF says you already have an SBR as configured with your pistol brace attached. That’s the sole stated reason this program exists. If you take advantage of the program, you admit ownership of an unregistered SBR and guilt in what is a 10-year, $250,000 federal felony.

In order to qualify for the $200 tax waiver, ATF requires that you submit a photograph of your pistol brace-equipped firearm so they know you aren’t simply SBR’ing any random gun, braced or not, to capitalize on the free tax stamp. There’s no claiming that you have a legal pistol that you simply want to make into a short barreled rifle. You’re proving to ATF, with photographic evidence, that you own what they’re deeming to be an SBR.

Furthermore, the Form 1 application requires every other bit of information you can think of, from the serial number, make, model, etc. of the firearm to your full name, social security number, address, fingerprints, and more. If ATF decides to take enforcement action against you, you’ve given them everything they need including proof of possession.

Don’t think they’ll take enforcement action? Think again. In the factoring criteria document, it explicitly states scenarios in which legal action will be taken, such as . . .

After the 120-day period, registration of preexisting short-barreled rifles equipped with a ‘‘stabilizing brace’’ will no longer be permitted. Any person in possession of an affected short-barreled rifle for which a registration has not been submitted to ATF within the defined time period is in violation of the NFA, and ATF may take enforcement action. 

That’s the obvious scenario, of course. But what if your application is denied? This can happen for many reasons, from mistakes such as typos on your end to NICS errors to background check delays and other mistakes that can be made on ATF’s end. We’re talking about a federal government agency, after all.

For instance, the FBI no longer runs background checks for NFA applications. ATF recently agreed to take that over. Are they able to do that efficiently, as opposed to everything else the NFA branch does? If your background check remains open for 88 days, it’s automatically denied. If everyone with a pistol brace-equipped firearm submits an application, we’re talking about perhaps 20 million applications. Are you confident they’ll get all of those checks closed out inside of 88 days?

At SHOT Show, lawyers with a few groups spoke with ATF representatives and were even able to run some questions up the chain. They received clear statements that, yes, enforcement action will be taken in the event of a denied application. And a denial can happen automatically due to no fault of your own.

SB Tactical SBPDW Pistol Stabilizing Brace

By applying, you’re relying on ATF’s “enforcement discretion” to provide this grace period and amnesty from what they say is a felony that you’ve already committed. In fact, you’ll have already admitted to it and provided full evidence of it. There are multiple ways in which you can find your Form 1 denied and if that happens, he penalty is a 10-year federal prison sentence sentence with a $250,000 fine. You’re playing with fire.

My best advice, if you’re concerned about owning a firearm that ATF is now eyeballing as an illegal SBR and you’re willing and interested in registering it as an actual SBR and putting an actual shoulder stock on it, is going through the normal Form 1 process and paying your $200 tax. Don’t “take advantage” of the amnesty and the free tax stamp. Don’t tacitly agree to ATF’s ridiculous new rule. Don’t incriminate yourself. Pay the $200 and go through the normal process.

Or . . . something else. But stay far away from the “amnesty.” It’s a mess with plenty of pitfalls. Plus with all the legal heat directed at the new rule, we have high hopes enforcement will be blocked and it will be overturned in time.

 

 

RELATED ARTICLESMORE FROM AUTHOR

113 COMMENTS

    • Yeah… uh… noncompliance for me. Complete total noncompliance. If you are worried, take your brace off. Put your foam cover on your buffer tube (turning it into a pistol), and stash your brace somewhere else. After the lawsuits go through, and they likely will be successful, get your brace back out, and put it back on.

      Registering your firearm as an NFA item or SBR is a big no-go for me. It invites additional regulations that allow law enforcement to “pay you a visit.” simply because you have on. Hard pass on all that.

      The government is not your friend. They are not here to help. They are overcome with leftists and ideologues that want to run your life for you, because they know better than you. Volunteer them nothing. And non-compliance.

      • That is the best advice available. Remove the offending feature from the weapon. Add one more bit of advice. DO NOT keep the offending items in the same location as you keep the weapon. Ship it to Mother, or a sibling, and tell them to store it out of sight in the attic, until you ask for it. ATF has their stupid “intent” nonsense rule. If you store the offending brace or stock in the same location in which you keep the weapon, they’ll claim “intent” to use the item illegally.

  2. I don’t take advice from anonymous people. I don’t trust anyone that won’t identify themselves. Maybe an ATF goon wrote this?

    • 👎
      It’s important to be anonymous, especially in these days. Otherwise leftists will try to track you down, and get your fired from your job, get your bank to cancel you, and get a group of protestors to stand on your lawn.

      • It’s important to stand up for what you believe and be counted. You can hide in your basement, the rest of us are better off without you.

        • Damn right. Some older guys love it when trespassers get on their lawn so they can yell at them to get off. Ideally while sitting in a rocker on the front porch with a shotgun on their lap.

        • Debbie, grow a pair and give us your full name. “W.” is not good enough. “Debbie W” might as well be anonymous. Also provide full address.

      • Agreed. It is stupid in the extreme to let your adversaries gather any ELINT on you. Especially your identity, a clearly stated position opposed to theirs, and geoloc connectable to you, in specific.

        All of which is handily available to them through the simple act of posting online without a slew of countermeasures in place. But ignorance is bliss to most, I suppose.

        Keysc0r3 – one word to burst those fragile bubbles. Correct the spelling and look it up for those disbelievers, and this is old tech.

      • If you’re on the internet, you’re almost certainly not anonymous. If a federal agency decides they want you, you’ve left enough information to be found. I’m anonymous enough to screw with Silly Cone Valley, but no way am I fooling the NSA.

        • That’s what they would have you believe; yet the illegal side of the dark web thrives, and 99.4% of black hat hackers go uncaught & unidentified.

          There’s the proof in the pudding.

      • The advice is from someone, supposedly an expert, that doesn’t want to be identified.

        There is nothing in the article that will get anyone in trouble. No one is inciting anybody to commit any crime.

        I don’t trust people that don’t stand behind their work and who don’t allow others to judge their credentials on the subject.

        • I used the word based on the description of the author of the article.

          “This op-ed was written by a prominent individual who is intimately involved in the firearms community…”

        • “This op-ed was written by a prominent individual who is intimately involved in the firearms community…”

          I’ve been intimately involved with a woman for almost 40 years – but I don’t claim to be an expert on women.

        • “Anonymous Sources are really starting to BURN the media. @ FoxNews The fact is that many anonymous sources don’t even exist. They are fiction made up by the Fake News reporters. Look at the lie that Fake CNN is now in. They got caught red handed! Enemy of the People! ”
          Donald J Trump

        • Which Roy Rogers is you?

          https://www.spokeo.com/Roy-Rogers?loaded=1

          It’s important to stand up for what you believe and be counted. We need to know exactly which Roy Rogers you are, otherwise you are just hiding in your basement. If you can’t give us this information, then we are better off without you.

          🤣

    • Yeah in an age where political weaponization of the IRS and FBI is rampant, you think somebody who’s in this industry, which likely means their livelihood depends on “permission” and licensing from the ATF, should openly attract negative attention from the ATF while publishing their name for no actual reason and to no actual benefit? You should just go ahead and send in your social security number and photos of your guns and get all registered up if you trust the ATF so much. How about, instead, you trust TTAG to know this person’s background. Or just spend a few minutes doing a little searching and reading and realizing that many of the largest 2A civil rights orgs are saying the same thing? Or a quick YouTube search shows some of the same stuff: https://www.youtube.com/watch?v=DggOmUXxVWY

    • That was my thought, I’m always leery to take advice from a vaguely defined source – “someone important to talked to another important person and THEY said…”.

  3. On one hand the 2 guns I have a brace on I was planning on SBRing eventually. On the other hand this does seem like a trap. Leaning more towards just becoming ungovernable.

    • Umm, $400 seems like cheap insurance to avoid incriminating yourself. How much do you actually trust any federal agency, much less the ATF?

  4. A little off topic but it is how we got to this place in time. A half-hearted search of the internet will provide plenty of videos of folks using the brace in a way that it was not intended. It is little wonder the ATF made this rule when the public gave them so much evidence of intentional misuse. TO make matters worse a lot of the subjects in the videos are fairly high profile. They should have known better. Having opinioned that, the Second still reads SHALL NOT BE INFRINGED. The fight is on constitutional grounds and taking advantage of the amnesty provided by a government agency that was created to infringe on the Second Amendment seems like a great leap of faith. One that I would not take.

    But then, I don’t have what they are all excited about. My interest in this fight is from a 2A perspective. I believe that is the dagger that can kill this rule and agency.

    Not that anyone on this blog needs reminding but the firearms the Americans had at the start of the revolution were military grade. And the founders understood this when they wrote 2A.

    God Bless you guys.

    • So tax lawyers can go right up to the line in the tax code rulebook but we can’t do the same? The entire rulebook of the ATF is stupid so it deserves to be farq’d whenever possible.

      • Don’t forget the towns had their own cannon and stores of black powder. it was an even match. The founders weren’t writing about hunting. They were living under a tyrannical government and meant to ensure we can defend ourselves should this great experience in a republic go astray
        . Huzzah!

    • Thank you for that perspective. I’ve already stated in other discussions: A lot of those “braces” are actually stocks, no matter how people try to parse words.

      The images that accompany this story are pretty obviously “braces”. It would be awfully difficult to put them up to your shoulder.

      Other images of “braces” are just as obviously stocks. People really ought to step back, and take an objective look at their equipment. If it can be fired from the shoulder, it’s a stock. If it can’t reasonably be fired from the shoulder, then it’s probably a brace.

  5. So what do you propose somebody do that bought a braced pistol from the get-go?
    Applying for a true SBR and paying $200 does not solve the problem because by your thinking the ATF can still say that you were in possession of an illegal SBR from the moment you bought it. Paying $200 after the fact doesn’t change the fact in your universe of ATF-gone-wild.

    With all of my current ATF stamps my family and myself have been fingerprinted multiple times. For people like myself I see little downside to applying in the last week if no injunctions are successful. If the ATF starts pulling mega rogue sheet like bogus denials and procedural tricks like that I can only fathom the pushback.

    But yeah, for people who are NOT currently on file at the ATF, then you have more things to think.

    • Isn’t the idea of building an AR style pistol supposed to be, well, a pistol? Mine has the bare buffer tube. It never occurred to me to put a brace or some other “stabilizing” whatever on it. The thing that I find amusing is that the rule says that once you’ve built a lower as a pistol, or rifle, it must remain in that config forever. How the hell does anyone know? That’s just dumb.

      • It’s even weirder than that, Michael! If you configure a lower as a pistol initially, or buy a pistol already configured as such, the lower is classified as a pistol and you can put a long barrel and stock on it without an issue. You can also take the stock and barrel off and put a short barrel back on (making it a pistol again).

        But you can’t do that with a “rifle lower” – once a rifle, always a rifle.

    • That makes sense. The only thing the pistol brace was better at, other than approval wait time, was the headache of crossing state lines.

  6. You can’t trust the atf in the best of times, let alone now. We are in the middle of a coup, they want to disarm everyone before they take over.

    • Broad Brushing? The ATF is like a newspaper in the manner the editorial board does not necessarily represent the opinion of the rank and file. ATF rank and file who upon job change, retirement, etc. will be subjected to same Gun Control crap. Crap that was backdoir green lighted by zipped lipped Gun Owners who are dead silent when it comes to defining Gun Control by its history of rot. You do not bury Gun Control by pointing fingers at the ATF, joe biden et al. You bury Gun Control with the History of Gun Control.

      • I don’t care if the other ATF employees were “just following orders” that excuse died with the Third Reich.

      • You can broad brush a group of jackboots intent on removing Americans of their means of defense and you know that. In fact you knew that the last time or two your defended the Waco troop of poodleshooters by standing up against “broad brush” accusations. Try again fed.

  7. Why be bothered with all the restrictions on an SBR? Push comes to shove I will just take off the brace and put it in “storage”.

    I find it pretty flaky they can give amnesty before the rule goes into effect. How does that work anyway that they can make something semi-effective before it is effective. No dice on the free stamp. Please keep it.

  8. I hope an injunction and overturning of the rule will come… it will likely be a while either way. I hope SB Tactical has figured out what they will sell to keep the lights on in the meantime, Slidefire ceased to exist while waiting for justice and bump stocks still aren’t totally sorted out.

  9. Why one would want to provide the ATF with everything they need to prosecute you for being in possession of an unregistered SBR’s is beyond me.

    • If you bought a braced item through a FFL then there is already signed evidence of you being in possession of an unregistered SBR in your ATF-gone-wild world.

      • The configuration isn’t on the 4473 so it’d be difficult for them to do a trace. Not impossible, but you’re talking millions of records and a lot of false results. IOW, they really do need people to self-incriminate for this nonsense.

      • It is classified as a “PISTOL” on the 4473 form..

        The word “Brace” shouldn’t be on the form..

  10. I have a hard time putting myself at he mercy of “enforcement discretion”, when it was the “Interpretation discretion” that created the mess.

  11. Keep caving to the ATF and the gun grabbers, and it won’t be long before they come after your Colt Peacemaker, and your 1894 Winchester.

    • One of the biggest problems in this TTAG article is that it doesn’t acknowledge that there is at least two distinct groups of braced owners. Those who are already in the ATF NFA fingerprinted system and those that are not. There may logically be different preferred coarse of actions for each group….and that’s probably OK.

      • I have seven registered silencers, four SBRs, an SBS, and a registered M-203. ATF has made a ton of money off me and has all my info.

        If I owned another lower that I was using as a braced pistol, I wouldn’t be afraid to SBR it for free.

      • This is exactly why blanket statements are so useless. If you are elbows deep in NFA items then this is objectively a tax free sale, all the hand wringing about fingerprints and passport photos is irreverent, they already have it, have been successfully background checked so this 88 days bullshit is just that, bullshit. And if they strike this all down, you got the rare chance to stick it to the ATF for a few hundred bucks for their own stupidity and overreach.

        • “If you are elbows deep in NFA items then this is objectively a tax free sale”

          Did you even read the article? The only thing *objective* is that you’re submitting evidence of a “crime”.

    • Given the track record, are you seriously advocating for just trusting the government – in particular this particular administration? You usually have something smarter to say.

      • The bureaucracy remains no matter the administration. Never trust them. Defund the bureaucracy. Their budget is their source of power. Notice the three letter agencies just got big fat raises. There’s a reason for that, and it isn’t to make your life better.

    • You really think they won’t ‘mix n’ match’ your stuff to make themselves look useful?

      Mr Pistol upper……..say hello to Mr rifle lower. The wheels need greasing (and $s), that’s where those who get raided come into the equation.

      There’s a reason they don’t use body cams. 🤔

    • From what I heard and read, BATF now states you may retain the brace after removing it from the pistol..

      Doesn’t need to be destroyed or turned in!!!

      Which implies to me you should still be able to purchase a brace if it is not on a pistol!!!!

  14. I’m glad someone decided to remind me that Braindeads AFT if full of it, like I was getting ready to rush out and register ALL my stuff…

  15. Me to my wife – “Well I guess I just have to buy another rifle until all of this is settled”.

  16. Same scare mongering bullshit that’s been put up after the rule was “finalized” If the ATF wants to come after someone for one of these braced pistols, then they don’t need ANY of this form 1 info, they just go to any manufacture that sold pistol braced firearms and say, give us a list of serial numbers, then to distributors, who’d you send these to, then to the FFL and pull 4473’s on them and they have ALL THE SAME info, less a photo of the item, which they will have a rep or the dealer that sold it to you say, yes that is how it was sold and your defense will be, what? What actual defensible proof can you give that somehow you didn’t in fact buy the thing on the 4473 you signed that the dealer said they sold you in the configuration the Feds say it was in.

    And if this gets TRO’ed and Enjoined and eventually thrown out, then you got to free register some things, and for the people that are already in the NFA game it’s just a nice bonus for all the bullshit that we are forced to deal with but do because we are law abiding gun owners.

  17. Fine is $10,000. Rule says u are not illegal while your application is pending. I don’t agree with atf at all but this idiot is spreading false info. Read the final file text yourself.

    • Well now ya know what it’s like living in a slave state vis a vis ILLannoy. Declaring your previously “legal” short barreled gat to “illegal” status on a whim. I never partook of the AR “pistol” lunacy. I have no intention of registering my formerly “legal” 16″ barrel AR. Cops & ATF a-holes ain’t your friend. Especially Illinois State Po-lice. Have fun getting on a list…

  19. This entire article is full of FUD

    From a really good compilation article on Reddit /r/NFA – link here -> https://www.reddit.com/r/NFA/comments/10be13x/comment/j60aog4/?utm_source=share&utm_medium=web2x&context=3

    ATF Pistol Brace FAQ document – please read this before asking a question.

    Having trouble logging into the ATF portal to submit a form? This is a common issue at the moment – try a different browser & clearing your cookies or using incognito mode. If that doesn’t work, try accessing it again at another time of day.

    A number of misconceptions have surfaced since this Pistol Brace news – here’s a list of the most common statements that are believed to be inaccurate with sources that may alleviate your concern:

    88 day background or straight to jail False – SOURCE @ 7:40

    ATF adding a “Revoke” status to eForm portal SOURCE @ 4:30.

    self-incrimination by submitting amnesty F1 Likely False – SOURCE the source is in regard to Federal self-incrimination; Local/State self-incrimination may vary by State and local law. When submitting for an amnesty F1, the ATF has indicated that a photo showing the entire braced firearm is not required – it is generally advised applicants upload a photo limited to the manufacturer markings / serial.

    922r compliance or destroy your import if it has a brace False – SOURCE

    I can install a stock the moment I certify an amnesty F1 False – SOURCE

    NFA owners are prohibited from letting others use their NFA items while supervised, per eForm portal FAQ False – SOURCE

    the amnesty stamp is not free – the ATF used the word tax “forbearance” because they will collect $200 in the future for every amnesty F1 you submit Likely False – SOURCE the Attorney General has authority to temporarily waive this excise tax & the precedence exists

    Brace rule will be published 1/31/23 – if you want to amnesty F1 your item in a trust, the assignment sheet needs to be notarized today. Brace rule published today, 1/31/23

  20. Please heed his legal advice!

    I mean, he may or may not be a qualified lawyer, but he could have stayed at a Holiday Inn Express last night.

  21. I think this is excellent advice with a solid rationale. I would go even one step further. Those who own these items should not comply under any circumstances as at the very least they should have grandfathered everyone currently owning one because they have approved them for many years. Unless they are totally incompetent (which is the case), can you imagine working for an agency that permitted these things who now suddenly find out they have miscategorized a firearm. We all know this is simply a gun grab by people who constantly violate their oath to the Constitution of the USA. Whether you own one or not we should all back the lawsuits as a matter of principle. We don’t need to encourage the Gestapo, DOJ, FBI, ATF, IRS HS, or any other current corrupt Government law enforcement agency to get away with restricting our rights.

  22. So can I assume that this special filing you cannot do multiple weapons in one filing?

    In other words if I have a family of six on a trust and I have 6 braced items that means 36 sets of fingerprints?

  23. “This is why, in their “enforcement discretion,” they’re offering an amnesty period from the federal law. Taking advantage of that amnesty is tacit admission of guilt.”

    Amnesty period from what exactly? It isn’t a %$$%^&! law!

    Screw them I purchased this firearm legally and they can kiss my a.

  24. What I do, the ATF will never know and in the rare event they came knocking, I’ll just tell them for the most part…..bite me and shut the door in their face.

    Now telling the ATF or any three letter agency where to go and what to do isn’t exactly recommended. It’s recommended to be polite, courteous and simply tell them that on advice of a lawyer you will not talk to them without further consultation.

    I’m of the opinion the ATF or three letter agency will figure that much out after being told to eat shit and had a door shut in their face.

  26. “Don’t incriminate yourself.”

    How about this? If you decide to apply for amnesty, when you take your pictures, do not attach the brace to the pistol. Why not just do that? What was it James Biden said? Oh yeah, plausible deniability. The brace and the pistol aren’t illegal on their own. Done and done.

    • ^ Hear, hear.

      Also, I pointed out this was a trap the day it was posted. Check the language change pertaining to the fee ‘waiver’ attached to the stamp quite recently, before publishing. It’s a salient point.

  28. ATF already has me on their craplist. I had to get a stamp for the suppressor I wanted for a rifle. Paid the tax, filed the paper work and waited 6 months for their permission. Twice.
    They also know I own an artillery piece. Legal and all. Just not allowed explosive shells. OK, I can live with shooting solids only.
    Don’t have an AR pistol or short rifle as such. But, would my 1880’s vintage revolver with the detachable carbine stock be considered a short barreled rifle, or a braced pistol?

    • It definitely would be a C&R and you’d have to check the make and model to see if it’s delisted.

      Assuming the make/model isn’t on the C&R deregistration list (of C&R SBRs no longer considered NFA guns).

      Another option is ATF allows you to submit any C&R gun to petition ATF to have it added to the no-longer-NFA C&R’s. But ATF notes if you do that they reserve the right to destroy the weapon if they feel it should still be listed as an SBR. It’s unclear what legal protections you have, should you possess identical modeled guns.

      The bottom line is, the best option is to have a firearms attorney check the make and model and tell you what your options are.

  29. Self incrimination is all BS. If the BATFE just wanted to collect some skulls, they’d go to the manufacturers and get a list of braced pistols they made. Then, they’d take that list and go to dealers (maybe with a stop at the distributor) and get the 4473 for they buyer. They’d then have probably cause for door-busting, dig-shooting midnight raids. Sure, they’ll miss people who built their own, but they’d be too busy with tens of millions of others.

    I encourage everyone to submit for all the free stamps they can. BATFE budgeted to 50k, not 30-40M applications. It’ll cost them $2B and years to decades to process them all. That’ll cause either Congressional action or lawsuits that might kill NFA. It also proves there are 200k+ “SBR”s in common possession for lawful purposes, which is another strike against NFA. If they tried entrapment, it’s standing for even more suits against an ambiguous, unconstitutional rule.

    • Agree. Extreme compliance is the way to really make ATF feel it.

      No criminal conviction for this would ever stand, even in the 9th Circus. That would be plain and simple entrapment.

    • “It also proves there are 200k+ “SBR”s in common possession for lawful purposes, which is another strike against NFA.”

      1. the 200k is not a real thing for deciding common use. that number arose in a case for taser posession in the state involved in the case, it was basically an example and not a limit.

      2. its not necessary to prove common use , its only necessary they are in common use for lawful purposes and they are not unusually dangerous AND unusual.

    • “encourage everyone to submit for all the free stamps they can. BATFE budgeted to 50k, not 30-40M applications. It’ll cost them $2B and years to decades to process them all. That’ll cause either Congressional action or lawsuits that might kill NFA. It also proves there are 200k+ “SBR”s in common possession for lawful purposes, which is another strike against NFA. If they tried entrapment, it’s standing for even more suits against an ambiguous, unconstitutional rule.”

      that’s a deception false logic. the courts will let stand a law, even unconstitutional, the people will submit to. the governments (state and federal) have a long history of using this logic to persuade the courts to let an unconstitutional law stand.

      • Not if it’s facially unconstitutional. IMO I doubt the rule is unconstitutional—braces were just a backdoor to avoid an SBR registration to comply with the NFA, dressed up like a disability access issue—and the ATF was nice enough to not prosecute during that political moment. My bet is that they only way the rule doesn’t stand is if the Supreme Court finds the NFA itself unconstitutional or administrative rulemaking unconstitutional. That’s why I’m registering mine when I don’t have to pay $200.

  30. It doesn’t matter if its a trap or not in relation to registration and becoming a felony as the article defines.

    That doesn’t matter because by its very nature its an unconstitutional trap of tyranny.

    If you comply with it you are giving compliance with and submission and obedience to and cowering under what is an unconstitutional infringement and illegally implemented attempt at making law. If you don’t comply with it because it is an unconstitutional infringement and illegally implemented attempt at making law you are a felon and your life will be ruined with fines and prison time. Those are the two choices they are giving you actually, its an act of tyranny – the government is not suppose to have the power to penalize a person for exercising a constitutional right or controlling if a person can or can not exercise a constitutional right.

    Either way, its a trap of tyranny by its very nature. All tyranny’s rely on two things; One, those that will submit and cower – and – Two, those that will not submit and cower and its these the tyranny will use as examples to keep the rest submissive and cowering. Its overall a loss all around no matter which way you go, its a trap period. The only way to not lose all around is to defeat the trap.

    The only way out of a tyranny trap is through. This needs to be fought not only in the courts but outside of court as well by not submitting and cowering to them.

    Especially for those who apparently would jump at the chance of a free tax stamp and so cheaply and easily surrender their constitutional right for what is in the long run a false promise of ‘free’. The second amendment is a constitutional right, a natural inherent right, paid for already in blood. They are not giving you anything for ‘free’ with an offer of registration free tax stamp – they are letting you cower and submit first and taking your right to subject it to their control.

  31. So, here’s a good question for you to chew on…

    ATFE is a division of and under the control of the Justice Dept.

    Registration (tax) stamps are paid to and approved by the Treasury Dept.

    Does anyone here believe that Treasury is going to be okay with giving away billions in a tax amnesty? Wanna bet if you do get a freebie that they’ll find a way to claw back the tax with penalties?

    Death by a thousand paper cuts.

  33. Sucks to be me, already redesigning everything to fit within the factoring criteria, and now what? The new rules are so vague as to be meaningless, which I guess is the point. You’re all felons now, because we the enforcement agency can interpret our vague rules however we please. Aren’t there laws against the excessive vagueness of laws? This is positively Kafkaesque. There’s no way this holds up in court.

  34. So how long before ATF determines that 16″ bbl carbines are now SBRs because the ATF “changed the rules” and now require a rifle to have an 18″ or 20″ barrel?
    I see where this BS is going……….do you?

  36. You don’t have to submit a picture of your firearm. Not sure where you came up with that. So, sounds like you really DON’T KNOW the truth about guns.

  37. Your statement is absolute nonsense. When applying for a SBR via Form 1, you state that YOU DO NOT HAVE ONE, but intend to make one.
    Also – if you already wanted a SBR, this is the time to save $200…

  39. Hang on, arent we protected from that by Post Ex Facto laws covered under Article 1? I am no expert but research leads me to believe that if you were to be harassed and arrested and go to court over the picture you submit, that you would be protected by the Constitution in this regard? Even though they are using powers under article 2 to make this asinine “ruling” (aka law without vote), that you are still protected otherwise.

  40. this is ONE HELL of a conspiracy theory and its so wrong it’s almost insane. I’m completely 2A by all means. God, guns and trump. but writing a complete article full on fictional BS and scare tactics is just insane to me. First off, when you file for the form 1 it doesn’t make you “send a picture of your braced firearm” so thats BS. secondly, this article tells you not to comply and that they’re gonna charge you with a federal felony if you do. but guess what happens when you don’t comply and you’re caught. bingo federal felony. I don’t agree with this BS atf making up their own laws magically from thin air as much as anyone else. it’s unconstitutional and not okay in any possible way. but I wanted to SBR a few of mine anyways so I see it as my chance to do it and save the 200 stamp. anyone listening to this conspiracy theory BS article needs to reevaluate your life and how easily influenced you are because everything in this article is a lie.

  41. Obviously this individual has NOT processed an amnesty Form 1…here’s how it REALLY works…
    Photos of the entire braced weapon are NOT required…period. Only the markings are required, ie: Mfg,Model, Serial,etc. I have had MULTIPLE amnesty approvals processed! Just for caution, I do suggest that all photos have all their Metadata removed…then there is no way to prove that the image was taken AFTER the ruling date.
    In certain cases, I did choose to send an entire braced image to show that indeed the firearm was capable of attaching a brace. Most notably, for a Glock clone which went into a braced-Roni chassis…this too was APPROVED!
    The platforms I submitted were eventually going to be form 1’d anyhow, so there was nothing to lose by taking them up on the FREE filing… BTW there is NO STAMP on amnesty filings since no tax is paid. This is very similar to the ’68 filings for Machine Guns, Suppressors, etc…they also did not have stamps on their original filings.
    If you chose not to comply and the ruling is not overturned, and you keep your braced config, you could find yourself in hot water…but hey, do what you want!
    As fir me, I’m covered!

  42. A TRAP, A TRAP, A TRAP I SAY!!! What? Sorry I can’t hear you, my foil headgear was crinkling and making noise….

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