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NFA SBR Question
nunn
Forums Admins, Member, Moderator Posts: 36,013 ******
If I understand things correctly, a person who owns an AR pistol with a "brace," can register it on a Form 1 as a SBR without paying the $200 tax.
Is that true?
So, can I register an AR pistol, that I don't own yet, and install a stock on it?
Or, can I put a rifle lower and a pistol upper together and register it?
I don't "need" a SBR, but if I can legally have one without paying the tax, I'm on board.
Comments
That’s what they say. I personally believe since it takes more than a year WHEN you pay the $200 tax, that they will not be able to process the 10+ million additional ar pistols and pccs out there soon enough. they automatically deny after a certain period
they are just creating a database of people that are in violation. You have to enclose pics of your firearm that won’t be legal. Please submit and describe your firearms that will be illegal next month. Scam. Bait
you will have to have specific firearm described , serial number and all, photoed and documented, they also are famous for denying forms if any error. like I didn’t put the hyphen on my suppressor model I was lucky to resubmit in time . If you throw a pistol upper on a stock configuration lower, this freebie doesn’t apply and you just gave them all the evidence needed for an arrest immediately . Lower will need to be complete with the brace. “When” approved you could swap the brace for a stock ..lol
firearm was supposed to be owned prior to the rule being published
most say you need to use a receiver that shipped as a pistol or receiver, not a rifle, but an ATF agent I worked with said it doesn’t matter, only what configuration it’s currently in. But like the IRS, any guidance they give you is not a defense
a tech buddy of mine that I trust is helping DOJ transfer paperwork into a database
i think it’s less than a chance in 100 that if you file you get a free stamp
and this is on the brace that they approved 12-3 years ago
ATF lacks any consistency, integrity. or leadership. I’ll just take the braces off
i haven’t looked at this issue in the last month, just checked another forum and saw some guys have received their approved “conditional “ form 1s. So those are valid until they change their minds, lol
Dave
Just me but I plan on holding off it's tied up in the courts that atf has broken so many laws and rights over stepped ther authority big time
10 to 40 million are in the hands of citizens
Biden is trying to get back door registration
The batf has said they will follow the law on anyone denied including the ones who's time ran out waiting
So much more to even try and explain the wrong they are pushing
Do as you like but most every one has stated they are wait on the courts or their just flat out not going to Give in
Some have said if you gear it wait as long as you can supposedly if you have your request inbefore the 120 days your goodbye then again they will all the info to prosecute you if denied due to the time run out waitingon all of it To be processed
I read some of the states have ask /demanded the court to rule on a stay by April 1st
Go on you tube just about every gun podcast including the. Gun lawyers have countless post
I am just a no body so do not go off my 2nd hand info
check it your self, a lot smarter people than me are fighting it and many more have postoabout it
Including a lot of republican law makers
Braces were Good to go 10 yrs + with atfblessings and over night now illegal is total dictatorship
The whole ATF thing gets me , only Congress can make laws, how does ATF keep doing this and getting away with it.
As far as the Constitution goes the NFA of 1934 is Unconstitutional
As I understand this, ATF has approx 90 days to review the application after they begin the process. IF this review isn't completed in that time, the application is denied. AT THAT POINT EVERYONE WHO APPLIED HAS SELF INCRIMINATED THEMSELVES AND ARE SUBJECT TO FELONY CHARGES.
Very similar to the Form 1 suppressor requirement that suckered applicants into sending pictures of their suppressor parts. Self incrimination by way of picture proof of 'constructive possession'. In most crimes, this is called 'entrapment' but is legal for BATFE and US Postal Inspectors.
I don't think the arm brace thing will ever make it through the courts BUT in the mean time, there's a lot of self made felons just hanging out awaiting prosecution. The real thorn in the side is the fact that getting any sort of NFA form processed will take FOREVER (as opposed to just a really long time) for those who wish to own NFA items.
It's been brought up many times over the last 10 years people have bought a legal gun took it home put it away and have bo idea about the law and the BATF rule
They don't follow gun sights or gun news oredia like this site they truly don't know any thing about what's going on
If it passes I hope not
but they could get a knock on the door the dog shot and the gun owner off to jail as a felon
No way any court should allow the over reach But with creepy Joe and so many antigun judges DA and politicians
Who knows
No way to put 20 to 40 million people in jail or even try and take all the guns
Thanks.
I reckon I'll wait a while.
I think it will be struck down in a year, also like the bump stock silliness
Nunn, it does not make a hill of beans difference. You can be in full compliance today and turned into a felon the next day buy the stroke of a pen from a faceless nameless unelected bureaucrat that eats his boogers. Welcome to the USA!
Wow bpost, good summary
I bought an Ak pistol with the triangle brace because it was basically an SBR. The brace makes a pretty good stock. That’s probably what brought the whole issue up. I just registered it as an SBR the paperwork took about 40 days to be approved. It was free. I think it may get struck down and I wouldn’t have registered it but my brace really is a stock.
Wetnap, you already got your free stamp!?
There is a lot of rules and laws on sbr
You cannot cross state lines with out permission you can not loan it to Any one
Some states all sbr are outlawed so the owners with braces are up the creek no options
If you sell it the buyer will have to pay the 200.00 transfer fee
Just to name a few
I already decided on my choice
The courts should shut it down the fact it got this far is bull crap
If you the Form 1 on the Pistol. It wii be next to impossible to resell, if you wish to get some $$$
That being some one else will have to want it bad enough down the road after the so called amnesty o pay the $200 tax and wait the period while it is being held hostage. And there will be so many (?) available.
Just Wait out the Courts, Keep it as a Pistol. and if Courts prevail put your hidden Brace back on.
I got the paperwork approved and signed but you don't get an actual stamp. The box is checked that indicates tax exempt.
Well imho, you set yourself up, but that was your choice and you will have to live with it... The odds our that this will be shot down, the courts are very active on this and not just the 2nd amendment, but also the 5th, self incrimination which you have done based on your post... IF I had anything close to what they are talking about I sure wouldn't volunteer any info to our "friends" at the ATF... YMMV...
If I understand things correctly, a person who owns an AR pistol with a "brace," can register it on a Form 1 as a SBR without paying the $200 tax.
Is that true?
Yes, it sure is.
So, can I register an AR pistol, that I don't own yet, and install a stock on it?
No, not legally, should be owned before January 31, 2023.
Or, can I put a rifle lower and a pistol upper together and register it?
No, legally has to be a pistol lower, if "other", then made into a pistol before January 31,2023
I have three in play, my CZ Scorpion was approved in 19 days and an AR was approved in 24 days. I'm still waiting on another AR. I put in all three at the same time, my local gun store is doing all the digital fingerprints and online hoopla for $45 a gun. Glad to get rid of the crappy stocks and put a vertical foregrip on my "pistols", errr SBR rifles.
If the law changes, or your taste changes, you can remove your "item" from the NFA registry.
There is no canceled stamp, sadly, just a form with "approved" stamped across the face and an official gubment bureaucratic signature.
I'm not really sure how the BATF can sort out all of the possible configurations, ownership dates, etc. I think quite a few may slip through the cracks. Get it while the gettin's good.
I’ve been reading a lot today. Fun fact. NFA items are viewed by the court as not something everyday people use, and are not protected by the 2a. This is a mess
either way, little chance of enforcement unless you pop up on radar (think of American guns and that pedo ak guy) and if you have an evil looking weapon (if they want you) they will find a way through the vagueness and charge you with whatever
I’m just glad that I don’t own any of these controversial weapons (they sound dangerous)
I believe @Mobuck, nails it here.
I wish I had an already registered sbr. I’d put a brace on it and go troll at the local ranges,lol
I want to. See them put 10 to 40 million citizens in prison
Or go door to door and ask to surrender one if you have it
Would that not amount to making a pistol from a rifle?
Not if it’s a legal sbr, and braced pistols are sbrs now. I’d take off the sopmod, add a sba3 and see how spun up I could get everyone. This whole thing is bc atf says braces are now stocks