I’m noticing a lot of people getting rid of pistol braces before December.

[407]

https://www.atf.gov/rules-and-regulations/docs/undefined/atf-2021r-08-notice-proposed-rulemaking-factoring-criteria/download

 

[HillsideDesolate]

This. It has to go through all of the process before ATF gets shot down. The only move I'm making is IF ATF determines a "pistol" with a brace is an SBR and offers a $0 registration period, I'll take advantage of that. Even if/when ATF gets shot down in court, if I've already registered one or more "pistols" as SBR's, hopefully they'll get to remain on the registry because I'll already have rifle stocks on them.

Anything else and I'll either make them so they don't have to be registered, or just Form 1 them on eFile and be done with it. All else being equal, I'd like to have an SBR or two, and one "pistol" I can use in states where AR pistols are legal, but SBR's are not. JMO, YMMV

Could you register pistols that do not yet have a brace for the $0 tax stamp?

 

[OK Corgi Rancher]

That's a long read and, as usual, the AFT engages in some pretty strained logic to come to what is essentially a foregone conclusion. Have I mentioned the AFT can go f*** themselves?

ATF recognizes that these 14 factors may affect industry members and members of the public, as they may manufacture or already own firearms with a “stabilizing brace” attached. ATF wants to assist affected persons and industry members and provides the additional information in this proposed rule to aid them in complying with Federal laws and regulations.

Yeah... Sure.

Could you register pistols that do not yet have a brace for the $0 tax stamp?

There is no $0 tax stamp. If you choose to go that route you'll be required to pay the $200 tax. They make that very clear.

 

[Perplexed]

There is no $0 tax stamp. If you choose to go that route you'll be required to pay the $200 tax. They make that very clear.

There was some debate about this, as requiring owners of heretofore legal arm braces to pay another $200 in the form of a tax would run afoul of the Major Question doctrine. Since SCOTUS ruled in West Virgina v. EPA that such a movement of money through a ruling of an executive agency was illegal, the ATF was considering making the tax stamp free during the ”amnesty” period. As it is, there’s currently an ongoing lawsuit regarding arm braces which was filed before this past June, and the plaintiff and the ATF agreed to put it on hold until after the rule is dropped. With the Bruen and WVa decisions, the ATF has a much harder case to defend; there’s talk the rule may be rescinded or watered down significantly. We’ll just have to wait and see.

By the way, the “amnesty“ where you can register an AR or other firearm equipped with an arm brace is a trap. Essentially, by signing up you’d be agreeing that your pistol is actually a SBR while it’s far from clear the ATF (and Biden admin) will get its way with the rule. Rest assured the ATF won’t have a cake walk in this regard.

 

[Fredkrueger100]

Folks, do not think for one second the feds are gonna let you register a braced pistol for nothing. They are gonna entrap so many people it ain’t even funny. Because once this rule is final, a braced pistol is considered an SBR. So by contacting the ATF, you are letting them know you currently have an unregistered SBR. There is a YouTube video on this by I believe Mr. Gunsngear. It could be another guntuber I can’t remember.

Also, think about how many folks are gonna be out a job now because of this. Because if a pistol brace is now considered a stock, why would anyone ever buy a brace again? This is just another step of stripping our freedom away. That’s all it is. They won’t stop until we are disarmed.

 

[OK Corgi Rancher]

There's no longer a debate about the "free" tax stamp. The proposed rule linked to above makes that crystal clear. It also makes clear the AFT is moving forward this. I don't think they give a rat's ass about NYSRPA v Bruen or WV v EPA. It's up to someone to challenge the AFT...it's not up to them to do what's right (at least that's seems to be how the AFT operates, anyway).

 

[scott024]

Pistol tubes will sky rocket in price if this becomes law. Seems like pistol braced AR's and AK's are more popular than rifles.

 

[Perplexed]

There's no longer a debate about the "free" tax stamp. The proposed rule linked to above makes that crystal clear. It also makes clear the AFT is moving forward this. I don't think they give a rat's ass about NYSRPA v Bruen or WV v EPA. It's up to someone to challenge the AFT...it's not up to them to do what's right (at least that's seems to be how the AFT operates, anyway).

They’ve already been challenged. Second Amendment Foundation v. ATF. That case has been put on hold until after the ATF’s rule drops, but the plaintiff’s case has already been bolstered by the two recent SCOTUS rulings. ATF is not gonna have an easy ride when it comes to pistol braces.

 

[Perplexed]

Pistol tubes will sky rocket in price if this becomes law. Seems like pistol braced AR's and AK's are more popular than rifles.

There’s been some question about just how many pistol braces are out there since they first came out ten years ago. Estimates run between 3 and 7 million according to the ATF, and 10 to 40 million according to the Congressional Research Service, so the Major Question doctrine comes into play here if the ATF forces legal owners of these braces to pay $200 per arm brace.

 

[Fredkrueger100]

They’ve already been challenged. Second Amendment Foundation v. ATF. That case has been put on hold until after the ATF’s rule drops, but the plaintiff’s case has already been bolstered by the two recent SCOTUS rulings. ATF is not gonna have an easy ride when it comes to pistol braces.

Really? I have zero faith in our courts. And that goes for the SCOTUS too. As was with the bump stock case, they will just decline to hear this. Then the ATF wins. Whether someone agrees with bumpstocks or not, the way they were banned was unconstitutional. And the way a bumpstock works is clearly NOT a machine gun. Just like a pistol brace is clearly NOT a stock. But those facts don’t matter to tyrants.

Also, the recent scotus decisions regarding the 2A and the one with EPA don’t mean squat to the tyrants either. They just do what they want with no repercussions. That’s the way it will always be. And that’s why in the end, we will all be disarmed.