SBR Stamp

[mills213]

Has anyone put in for an SBR stamp lately.  Instead of waiting for the ATF to ban the brace I was thinking about just putting in for a stamp on all my AR pistols.  Does anyone follow what is going on with the Brace closely and have a very educated guess on where it will all land.  Pretty sure I will do it anyways would love to hear the pro's and con's of just stamping my pistols

[scatman]

The cons:

1) your gun is officially known about by the government.

2) Only you can be in possession of them unless you have them transfered into a gun trust, at which point any executive of the estate or beneficiaries that pass the checks can be in possession of them.

3) they could no longer be used as car guns as they wouldn't fall under the laws of handguns.

4) If you don't have a trust set up, at the time of your passing on from this life, they would be forfeited to the government.

[Photoguy67]

1 hour ago, scatman said:

The cons:

1) your gun is officially known about by the government.

2) Only you can be in possession of them unless you have them transfered into a gun trust, at which point any executive of the estate or beneficiaries that pass the checks can be in possession of them.

3) they could no longer be used as car guns as they wouldn't fall under the laws of handguns.

4) If you don't have a trust set up, at the time of your passing on from this life, they would be forfeited to the government.

#4 is incorrect, at them time of your passing, they can be passed on to a relative tax free.

 

[Alleycat72]

Why would making a sbr stop you from carrying in in the truck? What law? 

[Snaveba]

3 minutes ago, Alleycat72 said:

Why would making a sbr stop you from carrying in in the truck? What law? 

Well, as a “pistol” it is legal to carry loaded in your car, without a permit, under the Castle Doctrine. As a SBR, it is now a Rifle and I guess falls under different regulations.  

[Grayfox54]

Just wait. ATF still hasn't made their latest ruling and several pro-gun groups are standing ready to file suits as soon as they do. It could still be years before this is settled. Why spend money and voluntarily put yourself on a government list?  

[Alleycat72]

1 hour ago, Snaveba said:

Well, as a “pistol” it is legal to carry loaded in your car, without a permit, under the Castle Doctrine. As a SBR, it is now a Rifle and I guess falls under different regulations.  

Last updated

SEPTEMBER 15, 2021

.

Tennessee does not require a permit to carry an openly or concealed handgun in public.1 Tennessee also expressly allows a person to carry any firearm, loaded or unloaded, in a lawfully possessed motor vehicle or boat if he or she is not prohibited from purchasing or possessing a firearm.2

[Alleycat72]

https://www.local3news.com/new-tn-law-allows-gun-owners-without-permits-to-keep-loaded-firearms-in-vehicle/article_55e6b876-49a8-5748-8cbd-a5da78922b67.html

[scatman]

What that article doesn't tell you is that the "loaded rifle" in your vehicle must remain hidden. I.e. in your closed trunk or in a storage case. Not exactly easily accessible. As a "pistol" it doesn't have to follow such strict nuisances. It is treated just like a handgun. Once the stamp is applied it is officially a rifle and subject to the laws and regulations of such. #4 on my original comment is a bit of outdated information, because I have always known to use a trust and have had one set up for 6 years now. Points 1-3 are still rather valid. Yes, TN allows the carry of a loaded long arm, so sure, you could still keep it in the car, but again, it must be hidden at all times.

[Chucktshoes]

33 minutes ago, scatman said:

What that article doesn't tell you is that the "loaded rifle" in your vehicle must remain hidden. I.e. in your closed trunk or in a storage case. Not exactly easily accessible. As a "pistol" it doesn't have to follow such strict nuisances. It is treated just like a handgun. Once the stamp is applied it is officially a rifle and subject to the laws and regulations of such. #4 on my original comment is a bit of outdated information, because I have always known to use a trust and have had one set up for 6 years now. Points 1-3 are still rather valid. Yes, TN allows the carry of a loaded long arm, so sure, you could still keep it in the car, but again, it must be hidden at all times.

The “hidden from view“ clause in the code only requires being locked in a case or the trunk when the possessor is not in the vehicle. A simple blanket or cloth laid over the top of the weapon would suffice. It even has a specific exemption to the hidden from view, for when the possessor is securing the weapon, in the process of leaving the vehicle. The purpose of that provision is really just to prohibit the old-school gun rack in the back window.

[scatman]

13 minutes ago, Chucktshoes said:

The “hidden from view“ clause in the code only requires being locked in a case or the trunk when the possessor is not in the vehicle. A simple blanket or cloth laid over the top of the weapon would suffice. It even has a specific exemption to the hidden from view, for when the possessor is securing the weapon, in the process of leaving the vehicle. The purpose of that provision is really just to prohibit the old-school gun rack in the back window.

From my understanding, and this is after discussion with a buddy of mine who is a LEO, the blanket method, in wording is viable, but has known some officers to still press a charge, and sometimes it gets tossed, sometimes it doesn't. Not worth the legal headache. JMHO. This stuff really should be clear cut and simple not all the nonsense we have to go through every 6 months because of some idiots who can't tell the difference between 9mm and 9x19.

[Alleycat72]

My sbr fits in a backpack so.......

 

[Alleycat72]

We have one that lives in a soft tennis racket case.

[Chucktshoes]

TCA 39-17-1313 

Above is the link to the statute in question. As always I recommend folks read it and make their own choices to their own level of comfort, but I will point out that this subsection is referencing the requirement for hidden from plain view only when a firearm is transported or stored by a permit holder in a vehicle while on property that is posted as prohibited such as a school or non-federal government building.
 

The statute regarding possession of a loaded firearm in a vehicle is TCA 39-17-07 and it has no qualifiers for type of firearm (long gun or pistol) nor does it contain a requirement for the firearm be hidden form plain view. 

I am concerned by the implications of what you posted regarding the conversation with your LEO buddy. Your friend admitted to you that he either knows other officers or is an officer himself that will or has arrested folks on charges that are blatantly unjustified by the statute being invoked. It appears to be a case of the “you can beat the charge, but not the ride” line of thinking.

That’s a problem and not a small one either.
 

Whether it’s due to a misunderstanding of the statutes in question, or a desire and willingness to violate the rights of the citizenry, this is a very serious issue that should be addressed.
 

The proper way to address it would be to fix the wording in the TCA statutes that only provide “a defense” to the unconstitutional nature of the laws that do  it recognize the 2A rights of the citizens in their fullness  

All that aside, I will reiterate that everyone should read and understand the statutes regarding firearms possession, carry, and use and make their decisions based upon their comfort levels. Don’t take the words of supposed authorities who often spout incorrect fuddlore. All should read and understand the statutes for themselves.

[Photoguy67]

Personally, legal or not, I am not going to carry an NFA item for self defense. Seems to open way too many cans of worms! Just my personal opinion.

[mills213]

I sure appreciate all the input thanks for all the info still not sure what to do

[Alleycat72]

4 hours ago, Photoguy67 said:

Personally, legal or not, I am not going to carry an NFA item for self defense. Seems to open way too many cans of worms! Just my personal opinion.

What about offense? LOL