01-14-2023, 06:21 PM
(This post was last modified: 01-14-2023, 06:55 PM by lazyengineer.)
https://www.atf.gov/rules-and-regulation...ing-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/STAT...df#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
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/STAT...df#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
4x P100