Pistol Brace Rule

[Smith]

  On 2/3/2023 at 1:12 PM, Fourtyfive said:

I have other pistols without braces, in state just carry your stamp as well.

You can also file a form 20 which will allow you to take out of state for 365 days providing the item is allowed in the state traveling to.

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Yeah, I'm not carrying papers or requesting permission to travel across state lines.

 

[Alleycat72]

  On 2/3/2023 at 1:39 PM, Smith said:

Yeah, I'm not carrying papers or requesting permission to travel across state lines.

 

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You can take a picture of your form 1s and keep them on your phone. I have a nfa file for them on my phone. As long as you're in a nfa friendly state, no one cares about the "temporary move" paperwork. In all the years of owning nfa, I've never been asked for a form. Not once. 

[Smith]

  On 2/3/2023 at 2:18 PM, Alleycat72 said:

You can take a picture of your form 1s and keep them on your phone. I have a nfa file for them on my phone. As long as you're in a nfa friendly state, no one cares about the "temporary move" paperwork. In all the years of owning nfa, I've never been asked for a form. Not once. 

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I fully understand how it works, it's just the principle of the matter and the fact that I could be criminally prosecuted for federal crimes over those issues.

Edited February 3, 2023 by Smith

[DHF]

  On 2/3/2023 at 1:20 PM, Moped said:

Quite honestly, I hope most brace owners decide to ignore the "free SBR Licensing scheme", being foisted on them and tell the ATF to go f#$& themselves. If this brace ruling is allowed to stand, I think it will just a matter of time, before pistols with magazines forward of the trigger, will be placed under the NFA, just like they did the Street Sweeper back in the Clinton era.

We either win the ensuing lawsuit against this rule in the Supreme Court, or we see a further eroding of our 2A rights. 

But if you want to SBR your pistol, go right ahead. Me, I'd just take the damn thing off and put in the closet, for a time when it may be needed.  

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Copy on that.  The lawsuits have started to be filed and while this issue doesn't mirror the bump stock cases, hopefully the climate is right to get these overturned like so many other things have recently.  At least buy us another year or two any way of a what is left of our eroding freedom.

I have written and called all my Tennessee reps (and a few other's in the state) as well as those in another state I have property in, to let them know where I stand on this and the ATF in general.  There are plenty of form letters out there that you can modify or pull info from to put one together.  I may just be taking a leak into the wind but sometimes you have to get a little wet.

[-boatman-]

  On 2/3/2023 at 3:13 AM, Smith said:

My biggest thing is that by going from a pistol to an SBR, I am now crippled on transporting, crossing state lines, vehicle carry, and carry ability with my current HCP. I prefer to keep them in pistol status and wait this thing out. I got used to the Uzi push/pull sling method before the brace and if necessary will go back to that method. 

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This is one of my hang-ups also. I have a boat in TN but have to drive five miles of KY roads to get there. I assume this would still be breaking federal law?

[-boatman-]

  On 2/3/2023 at 1:12 PM, Fourtyfive said:

I have other pistols without braces, in state just carry your stamp as well.

You can also file a form 20 which will allow you to take out of state for 365 days providing the item is allowed in the state traveling to.

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Can you file this one time and go back and forth for 365 days?

[Smith]

  On 2/3/2023 at 5:15 PM, -boatman- said:

This is one of my hang-ups also. I have a boat in TN but have to drive five miles of KY roads to get there. I assume this would still be breaking federal law?

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This is true. As mentioned before, I can't recall every seeing that being enforced but .... I would hate for that to be an option in a routine traffic stop turned into a felony 10 yr charge.

[Capbyrd]

  On 2/3/2023 at 5:15 PM, -boatman- said:

This is one of my hang-ups also. I have a boat in TN but have to drive five miles of KY roads to get there. I assume this would still be breaking federal law?

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You aren’t breaking any laws (to my understanding).  You do not need to file a 5320.20 to cross state lines.  You need to file a 5320.20 to cross state lines & stay the night.   An example, you are traveling to Texas for a hunt.  You file your 5320.20 for Texas but you don’t also need to file one for Arkansas because you are just passing through.  However, if you stay the night in Arkansas, you’d have to file one there too.  
 

[Alleycat72]

  On 2/3/2023 at 5:19 PM, -boatman- said:

Can you file this one time and go back and forth for 365 days?

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Yes.

It's good for up to 1 year. 

[Alleycat72]

  On 2/3/2023 at 5:20 PM, Smith said:

This is true. As mentioned before, I can't recall every seeing that being enforced but .... I would hate for that to be an option in a routine traffic stop turned into a felony 10 yr charge.

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I know of a guy that was importing illegal machineguns and suppressors from several countries. He got clipped in a traffic stop a ended up with 8 months. Not that in makes it better. He's still a felon and spend 8 months in prison, but I highly doubt anyone's getting 10 years and a $250,000 fine over a pistol brace. 

[Smith]

  On 2/3/2023 at 6:33 PM, Alleycat72 said:

I know of a guy that was importing illegal machineguns and suppressors from several countries. He got clipped in a traffic stop a ended up with 8 months. Not that in makes it better. He's still a felon and spend 8 months in prison, but I highly doubt anyone's getting 10 years and a $250,000 fine over a pistol brace. 

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agreed .... but they can

[Alleycat72]

On a regular SBR, you can have the gun removed from the registry if it's returned to its original configuration. This is assuming it wasn't purchased on a form 4. For the guys that file for the stamp, I see no reason this couldn't happen if it gets overturned. I am not telling anyone that they should or shouldn't stamp their gun. I stamped a boltaction pistol just before this all went down. Kinda wish I hadn't. LOL

[NeXTTime]

  On 2/3/2023 at 2:18 PM, Alleycat72 said:

You can take a picture of your form 1s and keep them on your phone. I have a nfa file for them on my phone. As long as you're in a nfa friendly state, no one cares about the "temporary move" paperwork. In all the years of owning nfa, I've never been asked for a form. Not once. 

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I carry hard copies.   Not sure I would hand my unlocked phone over to any law enforcement agency that wanted to check my form 1 paperwork but that's just me. 

[Alleycat72]

  On 2/3/2023 at 7:39 PM, NeXTTime said:

I carry hard copies.   Not sure I would hand my unlocked phone over to any law enforcement agency that wanted to check my form 1 paperwork but that's just me. 

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Why would you?

Text his azz.

[Johnny Rotten]

anyone with a brace and 80% lower?....asking for a friend is his dawg dead?

[Chucktshoes]

  On 2/3/2023 at 10:29 PM, Johnny Rotten said:

anyone with a brace and 80% lower?....asking for a friend is his dawg dead?

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Not unless he opens his mouth.

 

But he’d have to serialize it if he wanted to register it. 

[Johnny Rotten]

  On 2/3/2023 at 10:35 PM, Chucktshoes said:

Not unless he opens his mouth.

 

But he’d have to serialize it if he wanted to register it. 

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FJB0001

[Garufa]

  On 2/3/2023 at 10:36 PM, Johnny Rotten said:

FJB0001

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I have a feeling that one has already been used.  

[Johnny Rotten]

  On 2/3/2023 at 11:47 PM, Garufa said:

I have a feeling that one has already been used.  

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HeelsUp001

[Links2k]

Supposedly the first lawsuit. 

 

[Chucktshoes]

  On 2/3/2023 at 11:47 PM, Garufa said:

I have a feeling that one has already been used.  

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Best part is that it doesn’t matter. Because none of this makes any sense at all.

[Erik88]

I'm thinking now is a great time to renew my GOA membership. 

I'm starting to think this won't stand. I just don't see how the ATF can defend the fact that they told us these braces were fine not once, but twice. There are now companies devoted to manufacturing braces. Who will buy a brace after this? The ATF's decision could cost jobs.  It's completely ridiculous. 

[Capbyrd]

  On 2/4/2023 at 1:34 AM, Erik88 said:

I'm thinking now is a great time to renew my GOA membership. 

I'm starting to think this won't stand. I just don't see how the ATF can defend the fact that they told us these braces were fine not once, but twice. There are now companies devoted to manufacturing braces. Who will buy a brace after this? The ATF's decision could cost jobs.  It's completely ridiculous. 

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That hasn’t mattered the two times that they determined bump stocks were machine guns and it won’t matter now. It also didn’t matter when the government instituted what we now refer to as Prohibition.  

[Moped]

  On 2/4/2023 at 2:21 AM, Capbyrd said:

That hasn’t mattered the two times that they determined bump stocks were machine guns and it won’t matter now. It also didn’t matter when the government instituted what we now refer to as Prohibition.  

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At least with Prohibition, We The People got to vote on it. It was approved by voters in 36 states, before Congress enacted the 18th Amendment. This crap is just a bureaucratic power grab, by the ATF. And driven by the greedy powers that be in DC, that are scared of We The People. 

[guyver60]

You may find this guy with Washington Gun Law  interesting as he breaks down the rule on braces.  He's also got other videos on the brace lawsuit, gun trusts, etc - most are typically no more than about 10 minutes in length.