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So, if I understand this correctly, after the B.A.T.F. starts your background check they have 88 days to approve or deny the request for a national firearm act gun. If the request is not processed within 88 days you are automatically denied. After denial they send agents out to take your "illegal" gun. The vast majority of these requests for a short barrel rifle will be delayed because of the large number of people trying to register and will land you in the gun confiscation land.

This is what Gun Owners of America is telling Americans?
 
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Also, it is my understanding that one can apply for a permit prior to manufacture or to transfer a NFA item - nothing gives any agency the authority to modify the law to grant a permit after manufacturing.
 

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Also, it is my understanding that one can apply for a permit prior to manufacture or to transfer a NFA item - nothing gives any agency the authority to modify the law to grant a permit after manufacturing.
That's what a form 1 is....

You must have your tax stamp in hand before manufacturing your NFA item
 

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This is what Gun Owners of America is telling Americans?
I think that's exactly what GOA is saying.

Having said that, I have watched another quite credible video that cites some info provided by the ATF which says that they have no intention of engaging in any enforcement action (given that there are estimated to be as many as 40 million of these pistol braces in citizen hands). The ATF implies that it simply doesn't have the resources to go after all of these newly minted felons that its own rules changes have created.

Of course, if the ATF has, as the GOA theorizes, essentially individual "written confessions" of felony firearms violations, those confessions could very well inform and guide the ATF in any enforcement actions it does undertake. Why bother conducting a snipe-hunt for 40 million illegal gun-owners when you could just send your agents VFR-direct to the homes of specific and selected individuals who've already sent you their written confessions?

Also (not to give the ATF any ideas), but I wouldn't be surprised if in certain jurisdictions that the ATF stakes out local gun ranges to identify individuals shooting SBRs (with braces) in order to decide who might get an in-person visit at their home. License plate check to get a name and address. Check that name against your approved NFA tax-stamp holders for SBRs. Name not on list = get a warrant (based on the ATF agent's range surveillance) and pay the shooter a visit.
 

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I think that's exactly what GOA is saying.

Having said that, I have watched another quite credible video that cites some info provided by the ATF which says that they have no intention of engaging in any enforcement action (given that there are estimated to be as many as 40 million of these pistol braces in citizen hands). The ATF implies that it simply doesn't have the resources to go after all of these newly minted felons that its own rules changes have created.

Of course, if the ATF has, as the GOA theorizes, essentially individual "written confessions" of felony firearms violations, those confessions could very well inform and guide the ATF in any enforcement actions it does undertake. Why bother conducting a snipe-hunt for 40 million illegal gun-owners when you could just send your agents VFR-direct to the homes of specific and selected individuals who've already sent you their written confessions?

Also (not to give the ATF any ideas), but I wouldn't be surprised if in certain jurisdictions that the ATF stakes out local gun ranges to identify individuals shooting SBRs (with braces) in order to decide who might get an in-person visit at their home. License plate check to get a name and address. Check that name against your approved NFA tax-stamp holders for SBRs. Name not on list = get a warrant (based on the ATF agent's range surveillance) and pay the shooter a visit.
This is where Bruen would apply.
The shear volume of braces would make the item 'common'.
But I'm not sure how the courts would react to the overreach.

As to staking out the gun ranges...
That would be a bit slippery.
I mean if you are caught shouldering the brace... inside and they follow you out... and get your plate... that's a lot of work on their part.
But would it be enough to get a warrant? Or could they arrest you right there in a private parking lot outside of a private business? And would their observation on the gun range be legal because its inside a private business? (IANAL )

And if they did take your firearm and charge you, could use raise Bruen as part of an affirmative defense? (You would ultimately win but it will be expensive... but you could probably sue for damages.)
 

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Maybe I am oversimplifying the situation but it seems that one can avoid the problem by simply removing the brace from the weapon and leaving it without a brace will waiting for the stamp. Without the brace it is considered to be a pistol. Of course, the prudent thing to do would be to surrender the brace to your local PD. Then install whatever stock you wish when you get the stamp. I can’t believe anyone would actually want one of the braces if they had the option of using a real stock.
 

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Maybe I am oversimplifying the situation but it seems that one can avoid the problem by simply removing the brace from the weapon and leaving it without a brace will waiting for the stamp. Without the brace it is considered to be a pistol. Of course, the prudent thing to do would be to surrender the brace to your local PD. Then install whatever stock you wish when you get the stamp. I can’t believe anyone would actually want one of the braces if they had the option of using a real stock.
You don’t know much about this ruling.

You can not simply take the brace off of an AR15 because it has a buffer tube that has surface area to be shouldered. So there for they are all SBRs.

turning in the brace? So you think admit to a crime is a good idea? That would be like a bank robber turning him self in and thinking he won’t get in trouble. You are admitting to owning a short barreled rifle…The whole reason for people having braces was because it assisted in a disability... The ATF said they were legal to shoulder…
No one had the option to use a “real” stock because these were pistols not SBRs…

but yeah go ahead try and turn everything in and admitting to a crime see if the ATF will take it easy on you.
 

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You can not simply take the brace off of an AR15 because it has a buffer tube that has surface area to be shouldered. So there for they are all SBRs.
That's not the case. The buffer tube is necessary for the function of the gun, so therefore doesn't count
 

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You don’t know much about this ruling.

You can not simply take the brace off of an AR15 because it has a buffer tube that has surface area to be shouldered. So there for they are all SBRs.

turning in the brace? So you think admit to a crime is a good idea? That would be like a bank robber turning him self in and thinking he won’t get in trouble. You are admitting to owning a short barreled rifle…The whole reason for people having braces was because it assisted in a disability... The ATF said they were legal to shoulder…
No one had the option to use a “real” stock because these were pistols not SBRs…

but yeah go ahead try and turn everything in and admitting to a crime see if the ATF will take it easy on you.
I might not know a great deal about this ruling but I do know that AR pistols were around long before there were braces and the buffer tube stuck out on the AR pistols. The buffer tube was obviously not considered a stock. Given the small diameter of the buffer tube, that is a sensible conclusion - not that the ATF routinely engages in logical thinking but I digress.

As for turning in a brace, that is nothing more than a loose part unless it is either attached or in close proximity to a firearm. It is exactly like select fire hardware. You can own it but it becomes a crime if it is attached to a firearm or is in proximity to a firearm in which it will work.
 

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That's not the case. The buffer tube is necessary for the function of the gun, so therefore doesn't count
Okay let me put it to you this way if you think that is true then after this ruling goes into effect go be the test subject to see if the ATF won't try and get you in jail for having a SBR. After all these are the same people who carried out Waco and ruby ridge.
 

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I might not know a great deal about this ruling but I do know that AR pistols were around long before there were braces and the buffer tube stuck out on the AR pistols. The buffer tube was obviously not considered a stock. Given the small diameter of the buffer tube, that is a sensible conclusion - not that the ATF routinely engages in logical thinking but I digress.

As for turning in a brace, that is nothing more than a loose part unless it is either attached or in close proximity to a firearm. It is exactly like select fire hardware. You can own it but it becomes a crime if it is attached to a firearm or is in proximity to a firearm in which it will work.


"I might not know a great deal about this ruling but I do know that AR pistols were around long before there were braces and the buffer tube stuck out on the AR pistols. The buffer tube was obviously not considered a stock"
That was then this is now the previous rulings are all void. They have re wrote the ruling/ laws on Pistols. Please read the new ruling...


"As for turning in a brace, that is nothing more than a loose part unless it is either attached or in close proximity to a firearm." Again the brace according to the ATF is turning it into a SBR because it is a stock.



"It is exactly like select fire hardware. You can own it but it becomes a crime if it is attached to a firearm or is in proximity to a firearm in which it will work." Uhmmmm…You should educate your self on how NFA items work so you do not get in trouble by the ATF. This is nothing to mess around with.
 

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"I might not know a great deal about this ruling but I do know that AR pistols were around long before there were braces and the buffer tube stuck out on the AR pistols. The buffer tube was obviously not considered a stock"
That was then this is now the previous rulings are all void. They have re wrote the ruling/ laws on Pistols. Please read the new ruling...


"As for turning in a brace, that is nothing more than a loose part unless it is either attached or in close proximity to a firearm." Again the brace according to the ATF is turning it into a SBR because it is a stock.



"It is exactly like select fire hardware. You can own it but it becomes a crime if it is attached to a firearm or is in proximity to a firearm in which it will work." Uhmmmm…You should educate your self on how NFA items work so you do not get in trouble by the ATF. This is nothing to mess around with.
Actually, I suggest you read the options offered by the ATF on their website atf.gov. They specifically offer the option of removing the brace so it can no longer be reattached.
 

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Actually, I suggest you read the options offered by the ATF on their website atf.gov. They specifically offer the option of removing the brace so it can no longer be reattached.
How do you remove it “ so it can no longer be attached” without destroying it or modifying it so I can’t be reattached?

if that phrasing is exact.
 

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How do you remove it “ so it can no longer be attached” without destroying it or modifying it so I can’t be reattached?

if that phrasing is exact.
That is obviously a question for the ATF but I would suggest that the following are potentially acceptable actions:
1) destroy the brace;
2) surrender the brace to a law enforcement agency; and
3) remove the brace from the location of the firearm.

If one is prudent, they will make an inquiry to the ATF and go from there.
 

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Actually, I suggest you read the options offered by the ATF on their website atf.gov. They specifically offer the option of removing the brace so it can no longer be reattached.
How do you remove it “ so it can no longer be attached” without destroying it or modifying it so I can’t be reattached?

if that phrasing is exact.
Remove the buffer tube. Yeah it doesn’t make sense I know.. that’s the whole point.
 
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