Looks like braced pistols are SBR’s.

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N4KVE
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Looks like braced pistols are SBR’s.

Post by N4KVE »

Here it is, Friday the 13th. Here’s a list to start. GARY.

On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.

The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.

This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.

This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.

Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.

https://www.atf.gov/rules-and-regulatio ... f/download
Last edited by N4KVE on Sat Jan 14, 2023 3:10 am, edited 1 time in total.
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gforester
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Post by gforester »

I was not aware that the attorney general was allowed to make law. I always thought that it was congress that passed laws.
zeebaron
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Post by zeebaron »

Welp, there are still pistol buffer tubes with foam on them (like https://www.righttobear.com/tactical-sp ... -pt01-set/) for AR's anyway. Bet those will sell like hotcakes for a while as people swap them out.
Wakko
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Post by Wakko »

Or register the braced pistol for free. It must be individual tho, no trusts unless the trust already owned the pistol.
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flcracker
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Post by flcracker »

zeebaron wrote: Fri Jan 13, 2023 7:53 pm Welp, there are still pistol buffer tubes with foam on them (like https://www.righttobear.com/tactical-sp ... -pt01-set/) for AR's anyway. Bet those will sell like hotcakes for a while as people swap them out.
Before there were pistol braces, we all used foam covers and crutch tips. We never felt disadvantaged for not having invented pistol braces yet.
....and some rin up hill and down dale, knapping the chucky stanes to pieces wi' hammers, like sae mony road-makers run daft - they say it is to see how the warld was made!
Saint Ronan's Well - Sir Walter Scott, Bart. (1824)
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flcracker
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Post by flcracker »

Wakko wrote: Fri Jan 13, 2023 8:35 pm Or register the braced pistol for free. It must be individual tho, no trusts unless the trust already owned the pistol.
Please explain how this works. Is there a free Form 1 for braced pistols owned by individuals that isn't available to trusts? 🤔
....and some rin up hill and down dale, knapping the chucky stanes to pieces wi' hammers, like sae mony road-makers run daft - they say it is to see how the warld was made!
Saint Ronan's Well - Sir Walter Scott, Bart. (1824)
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tector
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Post by tector »

gforester wrote: Fri Jan 13, 2023 5:28 pm I was not aware that the attorney general was allowed to make law. I always thought that it was congress that passed laws.
Welcome to the administrative state.
“Democracy is a pathetic belief in the collective wisdom of individual ignorance.”
Wakko
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Post by Wakko »

flcracker wrote: Fri Jan 13, 2023 8:40 pm
Wakko wrote: Fri Jan 13, 2023 8:35 pm Or register the braced pistol for free. It must be individual tho, no trusts unless the trust already owned the pistol.
Please explain how this works. Is there a free Form 1 for braced pistols owned by individuals that isn't available to trusts? 🤔
When the atf offers free tax stamps to grandfather in something, they don’t want people to rush out and get them after the announcement just to game the system. Might people quickly make up some AR pistols to SBR right now? Yes. There’s no way for the ATF to know when you got the pistol. However, all trust owned weapons must be on your schedule. If the pistol wasn’t scheduled prior to the 13th, it’s assumed that the pistol was picked up to game the system. As such, if you can’t show that the trust already owned the gun before 1/13/23, it isn’t grandfathered in.
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Flame Red
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Post by Flame Red »

Help me understand this Kommie Stazi BS.

Theoretical Question: Can one just take a current pistol AR15 and register it as a SBR and put a regular stock on it?

You know the Stazi will come a-no-knocking looking for any crime they can find. Too bad, mine got lost while I was fishing in the Atlantic.
Ah that's one thing about our Flame, doesn't play any favorites! Flame hates everybody!
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Villafuego
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Post by Villafuego »

gforester wrote: Fri Jan 13, 2023 5:28 pm I was not aware that the attorney general was allowed to make law. I always thought that it was congress that passed laws.
Congress passed the laws (NFA34 / GCA68) that delegated the authority to the Sec. of the Treasury (Now the AG since BATFE is part of the DOJ) to interpret those laws and issue determinations.
Flame Red wrote: Sat Jan 14, 2023 9:44 am Theoretical Question: Can one just take a current pistol AR15 and register it as a SBR and put a regular stock on it?
Yes..... the response to question 10 in the Q&A's specifically states you may replace the brace with a "real" stock after registration .....just notify ATF if the OAL is permanently changed

E-Forms is gonna be like rush-hour I-4 traffic for the next 4 months
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