New Law on Pistol Attachments.

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  • thperez1972

    ESSAYONS
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    One thing that has me concerned is the current definition of "rifle".

    If it can be proven that the brace redesigns the firearm into rifle to be fired from the shoulder, theres an issue.

    (7)
    The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
    If it could be proven that the brace redesigns the firearm into rifle to be fired from the shoulder, would the braces have ever been approved?
     

    davidd

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    If it could be proven that the brace redesigns the firearm into rifle to be fired from the shoulder, would the braces have ever been approved?
    Just making an observation, not saying I want this...

    I think if/when this goes to court, it is probably more likely that the court will find that these should never have been classified as pistols to begin with (ATF screwed up) rather than that the ATF overstepped its bounds by removing the designation. And I'm not confident that SCOTUS would overrule that decision. That would give everyone in government a nice, clean way to get rid of this issue completely.
     

    thperez1972

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    Just making an observation, not saying I want this...

    I think if/when this goes to court, it is probably more likely that the court will find that these should never have been classified as pistols to begin with (ATF screwed up) rather than that the ATF overstepped its bounds by removing the designation. And I'm not confident that SCOTUS would overrule that decision. That would give everyone in government a nice, clean way to get rid of this issue completely.

    So the current decision is a good one because the ATF in inept at doing its job?
     

    davidd

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    So the current decision is a good one because the ATF in inept at doing its job?
    Current decision to reclassify braced pistols as SBRs is more in line with existing written law than allowing braced pistols was, in my opinion. I am predicting that is the direction a federal court will eventually take this situation.

    Of course, properly fought, the pistol brace decision could be grounds for a 2A challenge of the SBR law in its entirety. We can always hope.
     
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    Magdump

    Don’t troll me bro!
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    “Intent” is next to impossible to prove without self admission of guilt…. No body knows for sure what I intend to do unless I tell them… there’s speculation and hear say… but that’s all

    If you put a pistol to your sholder and shoot it did you redesign or redefine the gun to an sbr?

    Or shoot a shotgun/rifle with one hand, did you make to a pistol instantly…
    Foot guns….
     

    Attachments

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    70mikenike70

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    Man I’m gonna throw an old one out there…. “Can’t we all just get along?” Roflol….. But on a serious note, I’m planning to go re-sight in my legal 300 blackout AR pistol and I was wondering how long I can still use my stabilizing brace before the popo tries to arrest me…. Any takers???
     

    thperez1972

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    Well, he seems to be ok with "them" knowing what he has and where he lives, so he's going to add a few more to his list. Next response is he's NOT okay with registering high capacity mags. If that isn't the definition of contradictory, I'm not sure what is.

    It would appear you don't know the definition of contradictory so I'll help you out.

    con·tra·dic·to·ry - /ˌkäntrəˈdiktərē/ - adjective - mutually opposed or inconsistent.

    Let me try to explain why you're wrong. In his post, he mentioned the following: "I have a pile of approved stamps in the sbr, sbs, and silencer categories. 'THEY' already know what I have and where I live, let’s add a few more to the list." He's describing items that fall under the National Firearms Act. He's willing to add a few more to the list of items that fall under the National Firearms Act. He's not interested in registering items the do not fall under the National Firearms Act. Those are not at all inconsistent statements.
     

    mickey

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    It would appear you don't know the definition of contradictory so I'll help you out.

    con·tra·dic·to·ry - /ˌkäntrəˈdiktərē/ - adjective - mutually opposed or inconsistent.

    Let me try to explain why you're wrong. In his post, he mentioned the following: "I have a pile of approved stamps in the sbr, sbs, and silencer categories. 'THEY' already know what I have and where I live, let’s add a few more to the list." He's describing items that fall under the National Firearms Act. He's willing to add a few more to the list of items that fall under the National Firearms Act. He's not interested in registering items the do not fall under the National Firearms Act. Those are not at all inconsistent statements.

    Well stated, but I still don’t think he will get it.
     

    Bigchillin83

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    With the stroke of a pen, they can put them under the nfa act or just change the current definition and say a magazine to be only 10rounds or less and give everybody 120 days to register them or you can be subject to fine/imprisonment ….

    Don’t believe me… :dogkeke:see the pistol brace ruling that changes the definition and instantly changes and makes illegal 10+ years and +50million legally approved bought pistols by the atf

    Don’t forget this is the same group that wanted us to register our ammunition and fill out background checks , any ammo that didn’t have serial numbers would be illegal after 6 months… let ‘em keep taking an inch fellas…

    Let them have this and next thing you know they will be comming after your gas burning stove/hot water heater and petro fueled vehicles :dogkeke:
     
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    thperez1972

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    Of course, properly fought, the pistol brace decision could be ground for a 2A challenge of the SBR law in its entirety. We can always hope.

    Some lawsuits are addressing this point. Adding SBRs to the list only works if handguns are on the list. Because handguns are not on the list, the concealability of SBRs is irrelevant. If there's not use for a law, its existence in this case only infringes on the people who follow that law.
     

    flamatrix99

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    I am playing the wait and see what happens with this. I have a feeling with our pro-2A SCOTUS they will agree this is an unconstitutional ruling.
    I have read comments that a braced pistol cannot be put in a trust but never saw anything official. Maybe I missed it. If that’s true can I just remove the brace and add a stock and register as an SBR?
     

    MOTOR51

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    I am playing the wait and see what happens with this. I have a feeling with our pro-2A SCOTUS they will agree this is an unconstitutional ruling.
    I have read comments that a braced pistol cannot be put in a trust but never saw anything official. Maybe I missed it. If that’s true can I just remove the brace and add a stock and register as an SBR?

    Yes you can.
     

    Bigchillin83

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    Yes you can.
    more lies!!!! well kinda lol, nobody has processed a ar braced pistol to there nfa trust becuase there was no need to.... it wasnt an nfa item, so never would have been needed to add to trust



    CAN I REGISTER MY FIREARM WITH A “STABILIZING BRACE” TO MY TRUST?

    Yes, however, the firearm would have needed to be owned by the trust prior to the date the final rule is published in the Federal Register. Evidence that the firearms was in trust should be provided with the registration document.


    Answer: In short, a trust may not register a firearm equipped with a “stabilizing brace” that is a short-barreled rifle pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm prior to the date the final rule is published in the Federal Register.

    Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of firearms equipped with a “stabilizing brace” that meet the definition of “rifle” and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person who possessed the firearm with an attached “stabilizing brace” prior to the date the final rule is published in the Federal Register.

    Accordingly, any trust that seeks to register a firearm with an attached “stabilizing brace” that is a short-barreled rifle pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust possessed the firearm prior to the date the final rule is published in the Federal Register. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. For trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust prior to the date the final rule is published in the Federal Register. Therefore, any Form 1 application to register a firearm equipped with a “stabilizing brace” to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearm prior to the date the final rule is published Federal Register.
     
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