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Well.. that just happened. ATF classification ruling that ArmBrace = SBR - Printable Version +- 6.5 Grendel Forum (https://65grendel.com) +-- Forum: 6.5 GRENDEL FORUM NEWS (https://65grendel.com/forumdisplay.php?fid=5) +--- Forum: General Discussion (https://65grendel.com/forumdisplay.php?fid=26) +--- Thread: Well.. that just happened. ATF classification ruling that ArmBrace = SBR (/showthread.php?tid=25301) |
Well.. that just happened. ATF classification ruling that ArmBrace = SBR - lazyengineer - 01-14-2023 https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces Here's my initial assessment from my read. Also, I advise caution getting info from most youtube based commentary sites. Most of them are more motivated by getting something out quickly for the clicks, then actually being correct -and are misleading and emotional. Just my own take, but read for yourself. The Q&A section address most questions. ------------------------------ Well.. best I can tell, here is the Midnight recap from what I can tell. We'll learn more as we go! -Text will become official, upon publication, which some folks are guessing is next week (I think Monday is a Fed holiday?). -120 days after that day for individuals to register, modify, dispose, or ignore. -Stores and dealers are immediately stuck with their inventory, that is now NFA classified. I would assume if you don't yellow-form before publication day, you're going to be stuck trying transfer a NFA item at your receiving FFL. Though, it looks like they do have option of just converting back to pistol by removing and discarding the brace, or parting them out, if they do so during amnesty window - it looks like? -This only applies to SBR/Pistols - shotguns are basically on your own, with no amnesty. -If Form 1 register within the 120 days, $200 fee is waved, and keep your email confirmation, and you're considered legit until final authorization - if you elect to go that route. i.e., nothing goes "into jail". -Manufactures markings on the firearm count - no engraving. Page 266 suggests this will apply to those who purchase the gun pre-configured as such, as well as to those who added a brace after the fact (such as stripped lower and build kit) - is how I read that. 80% homemanufactured firearms will have to engrave. -There does not appear to be a limit to how many guns one can register, with the note on page 267 that this is a legal document where the applicant is declaring the existence of the gun as described. Not clear if just moving the upper and a braced buffer from stripped lower to stripped lower is sufficient. Probably, but I would guess it's in your best interest to keep a time-stamped photo of each receiver so constructed; if this is the route you chose to go. -Trusts are screwed, since relevant firearms are in Trusts as of Friday, and they carefully specify Fridays date (1/13/2023). Donno. Also, don't know about LLC's, though I imagine same - where you have to have documentation that the LLC owned the item. Not sure on that one. -Officially, if you don't register or alter, you'll be in NFA violation and subject to potential full penalty. However, in other announcements, they seem to use carefully crafted language to imply their intent on criminal enforcement appears to be on "new" manufacture after the 120 amnesty period. -Language does appear to be set up such that one had to have possession when the rule is officially published. So I'm guessing if you go buy stripped lowers or pistols this weekend, those will fly (maybe), but after official publication next week - no (meaning if you plan on doing the Amnesty thing, you need to go get everything you've ever wanted this weekend). -The goofy worksheet is not adopted, and they appear focused on if the arm-brace extends far enough and has enough contact area to realistically be useable as a stock (i.e. commentary you will some have that common and typical buffer tubes alone count as a stock, isn't really true). -Unsurprisingly, the ATF (pg 128) basically points out to the promotion, terminology, and calling the stabilizing brace a stock in various manufacturers literature, as industry acknowledgement that the stabilizing brace was developed and intended to be used as a shoulder fired stock. E.g., all those youtube videos and other promotions of people shouldering them. -Brace related violations before now basically won't count. So old youtube video's rocking a braced <16" BBL firearm, won't be used against you, nor will taxes from them be expected. This apparently all only applies going forward from here. My own take: Fellows have basically 4 pragmatic options: 1) Ignore and lay low, and await the courts to overturn. Might work. Might not. I give 50.1% odds it will. those aren't sure-thing odds. On the plus side, it is highly unlikely that the ATF is going to be going house to house for seizers of pre-existing units, and their own language notes they intended to engage enforcement on NEWly made firearms after the 120 days. Don't bank on that, but point being, if your plan is to toss it in the back of the closet and await the courts to decide, there you go. 2) Register per their Form 1. With the appeal of about $200 (x number in possession, which I'm guessing is more than 1, so this could add up for some folks) or so in stamp savings, plus you get to continue to use RFN. 3) Alter the gun so as to not be subject to SBR regs. (14.5 P&W, or toss the brace and get good at one of those sling/rope/tug things, OR get in compliance with the subjective descriptions on page 270 ). (Personally, i saw the writing on the wall and went 14.5 P&W a year or so ago.) 4) Sell it to someone else who will do one of the above 3. I guess this weekend before it goes official. Starting Monday, if you're an FFL - they're probably going to come after you if you keep selling these. As this thing looks all about nailing the gun-stores and manufacturers first and foremost. And they basically get pretty screwed, because they don't get 120 days to sell existing stocks; only to hold and register them; and they have to treat them like NFA items basically starting Monday (if that's when they publish). Sucks for dealers with inventory on the shelf. Though, I noticed a lot of dealers and outlets have already quietly stopped selling braced items over the last few months. The likes of PSA, can just toss the braces and sell uppers and lowers. It's not like those $80 braces actually cost that. One curiosity though. The Amnesty provision is very much in the law (GCA of 1968). But the Congressionally authorized agent for granting Amnesty is not the Attorney General. It's the Secretary of the Treasury. Did that change? That's not Garland, that's Janet Yellen. https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf#page=23 (d) The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title Well.. that just happened. ATF classification ruling that ArmBrace = SBR - lazyengineer - 01-14-2023 In the end, this is very close to what the Trump administration ATF tried doing in late 2019, and most of the research from that time pretty much applies to this one. As far as I can tell, I haven't seen anything to indicate a photo-requirement is in there, for those who elect for the Amnesty NFA registration. If you already are running a 12" braced Grendel, for the most part, I wouldn't do anything for the first month, as there is a 120 day amnesty, and no benefit to doing so early. It might get tossed. Just be aware, teh Amnesty is almostly certainly not going to be reset, if the legal challenges do end up failing. Also please note, Amnesty is based on date of publication of their ruling. So any braced firearm you intend to Amensty, must already be in your possession by what likely will be early/mid next week. To that end, if you DO have some goodies you want to go this route with, you probably should hustle. And if you DO have ones you want to divest, this weekend is the time to do so, as your purchaser can then still Amnesty, if that is their path. Me, I haven't decided just yet if I'm going to go and get my very own 12" and register as mine or not yet. I have a couple days to decide (I can get one quickly if I want, from the folk's units I use). For those who elect to go that route, the ATF has basically said (as best I can read): -No $200 tax fee -No engravement requirement, basically unless it's an 80%. (Is how I read it). So if you built a kit, the OTHER FIREARM stirpped lower, is still already a firearm already manufactured, and labeled with name and location of such, by the commercial manufacturer. -No "jail time". The gun is free to continue to use, regardless of how long they take to officially approve. -Can be converted back to a non-NFA SBR at your leiser, with no paperwork or notification requirement, though advised for you to notify NFA of permanent removal from the data-base, if that's the plan. The wrinkle of course is: -In some states the legal definitions mattered. In some states, it doesn't. So some people could carry an arm-braced arm loaded in their vehicle, whereas if it's an SBR, then no. Etc. -This does mean one is now in the NFA system. I have mixed emotions about that. -Cross state lines now requires ATF notification. Though, if converted to a non-SBR (put a 14.5 P&W or remove the brace and run bare tube), then that doesnt' apply. Apparently SBR's go into and out of that status easily and instantly, based on how configured that moment. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - grayfox - 01-14-2023 Yep. I'm going for some more popcorn, 'cause this new reg is complicated enough that they can screw someone if they want. Of course the Biden family can own as many as they want, because they are not obligated to follow the law (whether this will stand as valid reg under valid law, remains to be seen). Hunter probably has one stashed in the 'Vette's glove compartment!!! Well.. that just happened. ATF classification ruling that ArmBrace = SBR - Fess - 01-15-2023 I don't understand why so many people could misinterpret the wording in the March 2017 letter which clearly stated this about the particular brace that was accepted: "With respect to stabilizing braces, ATF has concluded that attaching the brace to a handgun as a forearm brace does not "make" a short-barreled rifle because in the configuration as submitted to and approved by the FATD, it is not intended to be and cannot comfortably be fired from the shoulder" (emphasis, mine). My reading is that any brace that can be comfortably fired from the shoulder would not qualify. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - lazyengineer - 01-15-2023 Fess Wrote:I don't understand why so many people could misinterpret the wording in the March 2017 letter which clearly stated this about the particular brace that was accepted: "With respect to stabilizing braces, ATF has concluded that attaching the brace to a handgun as a forearm brace does not "make" a short-barreled rifle because in the configuration as submitted to and approved by the FATD, it is not intended to be and cannot comfortably be fired from the shoulder" (emphasis, mine). My reading is that any brace that can be comfortably fired from the shoulder would not qualify. You're not wrong - but with 6.5 Grendel it was tidy, as the open policy allowed folks to run very tidy 12" 6.5 Grendel, which is actually a pretty great build. The letters never actually said what people thought they said - but the ATF enforcement practices defacto said that the arm-braces were OK. With a 12" Grendel the handiness and weight are so incredibly light and small, yet it's still a potent game-killer out to 100 and even 200 + yards, and a gong-hitter much farther then that. It's one of the ultimate general purpose rifle configurations I've ever handled. ATF basically said this was A-OK if not in their letters, than in their enforcement practices; and now they are saying, it's not. So it's a bummer to see it go, and passions are going to run high on this topic. I'm leaning hard to actually just getting a 12" into the system, just to have it. It'll never be more readily easy to do so, than now. That, and unlike machine-guns, one can be be an SBR / not be an SBR simply by adjusting configuration right then and there. And even remove it from the NFA registry via letter, at discretion. So right now, it's basically free to register, with no engraving, and you can continue to use it right now while under review; and if you change your mind later, a simple letter to ATF and it goes off the NFA and is just another lower. Physically by simply just putting a 16" upper on it, and it's now no longer a regulated SBR, regardless of if the SN is in the NFA - it's not an SBR anymore. Meaning you (or your heirs) can readily sell or transfer it, simply by not having the <16" upper on it. Until you switch it back. Kind of tempting, to be honest. With most NFA items, there's the PITA of what happens when it's time to divest or transfer it. With an SBR, it's easy - just take off the upper and sell that separately from the lower. Though in some forums, this is a spicy topic of passion and wildly varying opinions. All I will say, is beware anyone trying to goad you into violating what is being enforced as federal law. In AR15.com, there is a collective freakout to goad and belittle people to refuse to take the Amnesty, that frankly, I don't really agree with. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-16-2023 Didnt read, dont care, wont comply, and heres why. Congress is already getting a crap storm of emails, and will start getting their phone lines lit up tomorrow. ATF will get their tiny little pee pee smacked hard, again. The Supreme Court literally just ruled on administrative agencies making up laws as unconstitutional 6-3 vote, in West Virginia vs EPA. ATF does not have any legal authority to make laws. A rule-change by ATF bureaucrats cannot have any legal force of penalties and arrest when Congress is the only law-making body, and SCOTUS just emphasized this. From a legal perspective, ATF is looking at charges that would be tossed immediately by most DAs, and losing any cases where sympathetic DAs decided to prosecute. As the flood of the excrement storm pours out from irate people calling Congress this week, well see this rolled back rather quickly. There will be oodles of lawsuits filed if they move forward because millions of people have spent significant sums of money on pistols with braces. NSSF reports on firearms sales for 2020 showed that the #2 most common handgun chambering was 5.56/.223 Rem, which has never been a thing before. Call your reps and make it explicitly known that you will not stand idly by while an out-of-control unconstitutional abortion of an agency created in the wake of Prohibition declares you a felon after years of exercising your rights with these common accessories. I cautiously brought this up with my local Sheriff last year when I was a County and State delegate, wondering if he was a "2A but type, and he said, I bought one for my wife. We love shooting it and its fun, one of the only guns she can hold up and shoot comfortably! When all is said and done, I keep thinking about what the Founders would do. Were here fighting over silly furniture on pistols after our cannons and crew-served weapons were effectively banned in 1934, and a Kings kangaroo club of clowns runs around harassing dealers and free citizens funded with the theft of our work. WILL NOT COMPLY Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-16-2023 These guys didnt drag their bloody, frostbitten feet through the ice and snow so we could submit like punks to some jack-booted ATF goons within the Nation they helped found.
Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-16-2023 lazyengineer Wrote:You're not wrong - but with 6.5 Grendel it was tidy, as the open policy allowed folks to run very tidy 12" 6.5 Grendel, which is actually a pretty great build. The letters never actually said what people thought they said - but the ATF enforcement practices defacto said that the arm-braces were OK. With a 12" Grendel the handiness and weight are so incredibly light and small, yet it's still a potent game-killer out to 100 and even 200 + yards, and a gong-hitter much farther then that. It's one of the ultimate general purpose rifle configurations I've ever handled. ATF basically said this was A-OK if not in their letters, than in their enforcement practices; and now they are saying, it's not. So it's a bummer to see it go, and passions are going to run high on this topic. Im not even remotely tempted to register (this is against the law, remember) my firearms with an unconstitutional agency filled with actual criminals from the start. It is our duty as unruly Americans to fight this, not comply or support it with the servile behavior of a 3rd-world peasant. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - Ryno785 - 01-16-2023 LRRPF52 Wrote:Im not even remotely tempted to register (this is against the law, remember) my firearms with an unconstitutional agency filled with actual criminals from the start. Spot on Sir. Couldn't agree more. I don't see their new interpretation that is making tens of millions Americans felons holding water for very long. It was their stamp of approval several years ago that led to millions of braces being in circulation. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-16-2023 Congressman, Im contacting you about the recent ATF ruling", where they seek to make millions of felons out of Americans who have been exercising their rights without issue for 11 years. As you read through the 1934 NFA hearings, you learn some startling facts that are not well-known: 1. Then Attorney General Cummings' intent was to ban pistols first. This was addressed by then NRA President and Olympic Gold Medalist Karl Frederick, who persuaded Congress to remove that provision. The pistol ban was dropped from the act. 2. The AG avoided mentioning rifles. Rifles were brought up by Congressman Harold Knutson of MN. The topic was the proposal to limit shotgun barrel length at 16. Knutson expressed concern that rifles would be included in the NFA, to which the AG responded that the legislation only addressed pistols, shotguns, and machine-guns. He stated they didnt even care about longer machine-guns like the BAR or Browning, just Thompson SMGs, because the BAR and Browning were too heavy, bulky, and cumbersome for gangsters to use. With the pistol ban removed, it didnt make any sense to include SBRs or SBSs, but they still remained due to the Knutson blunder, which was based on intent to protect rifles. 3. A most egregious discussion during the proceedings was the admission by the AGs office that banning firearms was unconstitutional, so they proposed a loophole by levying a prohibitive $200 stamp. They openly discussed how to use Congresss taxation power as a weapon to violate the Bill of Rights. pg 91 of the NFA, 73rd Congress, 1934 4. When challenged by Congressmen about the practicality of passing laws against gangsters, Assistant AG Keenan made a startling admission. The NFA wasnt really for them, but to prevent young boys from obtaining firearms. Mr. Keenan: He was once a youngster, and he bought or got a gun, and he learned how to use the gun at the time when he was not a hardened criminal. pg 92, 73rd Congress NFA Hearings 5. Mr. Knutson, still concerned about rifles, suggested that rifles should be protected from the NFA, by increasing the minimum barrel length from 16 to 18 for both rifles and shotguns. ATF has since amended this arbitrary barrel length separately for shotguns and rifles, with shotguns left at 18, and rifles at 16. 6. Mr. Keenan openly stated in regard to setting the amount for stamp taxes, The amount is not important except from this standpoint; it would be desirable to have the sale of guns in the hands of as few people as possible as the matter of efficiency to keep track of these weapons and see whether the are sold to the wrong people. You get a sense for a set of ideas that were so far out of control, seeing the common man as a mere criminal who needs to be regulated, with constant threat of police powers and imprisonment for exercising basic rights. Pistols with stabilizing braces have been in widespread use since 2012. The Congressional Research Service published a report in 2021 finding that 10-40 million braces had been manufactured and circulated. This brings us to our current state of affairs. Bidens ATF Director Steven Dettelbach just announced a ruling on pistol braces which would make all of the millions of law-abiding owners felons in 120 days. As for me and my family, we will NOT COMPLY regardless of the outcome. We have benefitted greatly from stabilizing braces, especially my wife and children. Without said devices, they would not be able to comfortably or effectively bear the arms these devices are attached to. Shorter overall length AR-15 pistols have proven to be excellent firearms useful for many legal purposes. We will not be intimidated and threatened by criminals in suits under color of law. Im eagerly awaiting your action on this matter in reeling in and restricting the ATFs unconstitutional and brazen criminal activity. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - 1075 tech - 01-16-2023 This forum needs a "like" button. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - dammitman - 01-17-2023 well, I'm thinking i am going to go ahead and register a couple 80% finished units for free as i was thinking about having a couple ATF compliant with real useable buttstocks short barreled rifles anyways. just weeks ago, it was considered a NFA item anyway and now it's free to do. Hell I might do 4,,,,, I have legal suppressors now anyway so it's not like i don't have a file. be smart folks and use these poorly thought-out events to save 400.00 and maybe 800.00 bucks,,,,,, i was about to spend a few weeks ago! stick it to em dumbasses! Well.. that just happened. ATF classification ruling that ArmBrace = SBR - montana - 01-18-2023 https://www.youtube.com/watch?v=wbHcNkACrcc Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-18-2023 montana Wrote:https://www.youtube.com/watch?v=wbHcNkACrcc Thats a really good summary of the timelines in many nations where they disarmed the populace, then murdered them by the millions. People think, Not here. That could never happen here. Who ever thought they would see the day when the Canadian government would seize and shut peoples bank accounts for protesting, arrest them by the hundreds, and stamp out their voices? He also makes the point about how these entities have no problem murdering infants after they are delivered, so what makes you think theyll spare you and your family the sword. Its very easy for us to get complacent about this issue, especially since many of us have heard the main arguments for so long, it almost becomes a droning mantra. But now were seeing these crimes unfold all around us and within the US in many States, on top of the preexisting unconstitutional infringements on the Bill of Rights. We only really have scraps of our rights left over after 1934. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - AZHTfreak - 01-18-2023 LRRPF52 Wrote:Congressman, Thank you LRRP for this text. I plagiarized you and just emailed it to every AZ rep (R&D) and my 2 senators (Sinema may actually read it but it'll go straight into Kelly's bit bucket). FWIW... And yes, I have 3 daughters who ALL own and carry AR pistols for the exact reasons you put forth. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-18-2023 Ive been in communication with my Representatives most of the day yesterday, and all of this morning so far. Even the older ones hadnt heard about the NFA hearings and what actually happened in them in 1934. From AG Cummings mouth, he admitted openly that: The NFA was Unconstitutional. To work around the 2A, Congress should use its taxation powers as a weapon against the people. The people would be classified as criminals by default and have to prove innocence for exercising their rights, even from childhood. To avoid due process of law, complicated trials could be avoided by catching people without their papers. How many fundamental aspects of US Law did he propose to violate? The fact that legislators let this abortion through does not speak well of the 73rd US Congress. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - GREYBUFF - 01-19-2023 Contacted my Arizona reresentatives with my own version of LRRPF52's well written letter. Every one of us that love our freedoms and "RIGHTS" need to get involved by supporting at least one group that fights for our rights in the courts an by taking the time to write our so called representatives. If you learn copy and paste it's pretty easy to compose one letter and than hammer everyone of them. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-19-2023 Congressman Gaetz just submitted a bill to abolish the ATF. House Republicans have the ATF in our crosshairs. The continued existence of the ATF is increasingly unwarranted based on their repeated actions to convert law-abiding citizens into felons. They must be stopped. My bill today would abolish the ATF once and for all, Congressman Gaetz said. Text of the Abolish the ATF Act can be found HERE. A BILL To abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 118TH CONGRESS 1ST SESSION Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Abolish the ATF Act. SEC. 2. ABOLISHMENT OF THE BUREAU OF ALCOHOL, TO- BACCO, FIREARMS, AND EXPLOSIVES. The Bureau of Alcohol, Tobacco, Firearms, and Ex- plosives is hereby abolished. Well.. that just happened. ATF classification ruling that ArmBrace = SBR - montana - 01-20-2023 The amnesty could be a trap.. https://www.youtube.com/watch?v=DggOmUXxVWY Well.. that just happened. ATF classification ruling that ArmBrace = SBR - LRRPF52 - 01-20-2023 Amnesty from exercising my rights to keep and bear arms? ATF sure has a litany of unconstitutional and really imbecile ideas flowing from their minds. I think they need a urinalysis for the new Director and whoever in his staff that drafted this pile of excrement. Theyre going to get curb-stomped on this one by multiple layers of legislatures and State LE agencies. |