Pistol Brace for Ar15 Question

[MarkS]

I have read several postings, websites, and general chatter, but I just want to be clear.

Did the ATF requirement to register any AR with under a 16" barrel, and with a stabilizing brace as a SBR get overturned?

The ATF website shows it still in effect, but other websites state the court ruling in Texas in November deemed that rule not lawful.

So if I buy a pistol kit from PSA with a stabilizing brace, do I have to pay the SBR tax stamp or not?

[Omega]

There is a nationwide stay on the rule, and likely to be overturned.  At this time buying a braced pistol is legal with no stamp requirement.

[Sleep profit]

It’s my understanding it was overturned and found unconstitutional they is a thread in 2 a legislative and political in this form titled braces with a lot a good information by members 

[MarkS]

Thank you Gentlemen, that is what and how I thought it read, but with the ATF anything is up for interpretation. 

[NoBanStan]

Gunshop owner buddy told me a few days ago that as a dealer, he still hasn't gotten a straight and narrow answer on this from the ATF on this. The stay is active but they can appeal and potentially win. So right now if you ask the ATF if it's legal, you probably won't get a response.

[Omega]

11 minutes ago, NoBanStan said:

Gunshop owner buddy told me a few days ago that as a dealer, he still hasn't gotten a straight and narrow answer on this from the ATF on this. The stay is active but they can appeal and potentially win. So right now if you ask the ATF if it's legal, you probably won't get a response.

Of course not, because as far as they are concerned it is a win-win no matter what the FFLs decide to do.  They stop selling braced pistols, win, they begin selling braced pistols, and they win an appeal, they fine or close the FFL shop, win.

[TNContenderShooter]

from what I was told by a friend of mine in the legal field, the judge issued a stay which applied US wide, whereas the initial ruling only applied to the individuals/groups in the suit brought forth, but being people could be a member of GOA and live in a State outside of the jurisdiction of where the ruling was issued, this created a gray area, hence the reason for the judge issuing a statewide stay. This being said, I've been in several gun shops including Smoky Mountain Knife and Gun shop just a couple of days ago and they've put the braces back on and they're selling them with the braces

[NoBanStan]

I think his concern was that the stay was involving people's right to possess braced firearms, but didn't include anything about dealers being able to sell them.

[MarkS]

I was looking at ordering a lower kit from PSA, with a SBA3 brace, and wanted to make sure I did not open Pandora's box by owning the brace.  It seems like this could open the door for the ATF to attack the actual law abiding gun owners that actually do try to obey the law.

[gregintenn]

In the meantime, how many manufacturers have suffered losses due to this horsechit? The ATF should not even exist!

[BigK]

 

16 minutes ago, gregintenn said:

In the meantime, how many manufacturers have suffered losses due to this horsechit? The ATF should not even exist!

I think we could figure out what the expected historical sales have been. We could use that to extrapolate the loss manufacturers and retailers suffered.

I don't think it's unreasonable to add some punitive damages to encourage them to do the right thing in the future. Then add damages for mental stress for us law-abiding gun owners who also suffered.

We should then take that out of the AFT's annual operating budget for however many years it takes to repay the losses. By the time they get back on their feet the country will be a better place.

 

Edited December 20, 2023 by BigK

[Garufa]

1 hour ago, gregintenn said:

In the meantime, how many manufacturers have suffered losses due to this horsechit?

Personally, I couldn’t care less about the manufacturers.  They went balls to wall producing braces they knew were a dangerous flirtation with existing law, regardless of previous ATF “opinions”.

Gun owners are stuck in middle of a regulatory agency passing what are essentially laws and those who seek to make every dollar they can.

Guess who loses? 

[gregintenn]

2 hours ago, Garufa said:

Personally, I couldn’t care less about the manufacturers.  They went balls to wall producing braces they knew were a dangerous flirtation with existing law, regardless of previous ATF “opinions”.

Gun owners are stuck in middle of a regulatory agency passing what are essentially laws and those who seek to make every dollar they can.

Guess who loses? 

The folks who were manufacturing a legal product.

[Omega]

6 hours ago, NoBanStan said:

I think his concern was that the stay was involving people's right to possess braced firearms, but didn't include anything about dealers being able to sell them.

There can be no ownership unless they are allowed to sell them.