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Another twist to the brace debacle #8795229 02/04/23 04:33 PM
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Guy over on Reddit got his approval for the special pistol brace from 1. However, they aren’t granting a stamp since no tax was paid.

Now the grumbling is when this gets struck down you don’t have an actual stamp to rock your rifle stock, so don’t go throwing away your brace…

Re: Another twist to the brace debacle [Re: scot] #8795281 02/04/23 06:23 PM
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Originally Posted by scot
Guy over on Reddit got his approval for the special pistol brace from 1. However, they aren’t granting a stamp since no tax was paid.

Now the grumbling is when this gets struck down you don’t have an actual stamp to rock your rifle stock, so don’t go throwing away your brace…



This makes sense. The stamp merely indicates a tax was paid, its not unique or serialized, just a generic stamp. I would think the Exempt and Approved checkboxes + ATF signature is what matters here.

Re: Another twist to the brace debacle [Re: jeepercreeper] #8795290 02/04/23 06:35 PM
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Originally Posted by jeepercreeper
Originally Posted by scot
Guy over on Reddit got his approval for the special pistol brace from 1. However, they aren’t granting a stamp since no tax was paid.

Now the grumbling is when this gets struck down you don’t have an actual stamp to rock your rifle stock, so don’t go throwing away your brace…



This makes sense. The stamp merely indicates a tax was paid, its not unique or serialized, just a generic stamp. I would think the Exempt and Approved checkboxes + ATF signature is what matters here.


The stamp isn't special but the cancellation of the stamp is along with the date and number assigned on the paperwork. Police departments have to file for a stamp for NFA items but they don't get charged. I think the paperwork still has a canceled $200 stamp on it but I haven't seen any of that paperwork since the early 90s so my memory may not be correct.

I may be mistaken but under Texas law without the stamp your SBR or SBS is not legal.

Another Quirk of the ruling is that anything with a short barrel sold from the factory with a brace cannot be registered and must be destroyed or turned over to the government. Only things that you've added a brace to can be registered.

Re: Another twist to the brace debacle [Re: blkt2] #8795299 02/04/23 06:57 PM
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Originally Posted by blkt2


Another Quirk of the ruling is that anything with a short barrel sold from the factory with a brace cannot be registered and must be destroyed or turned over to the government. Only things that you've added a brace to can be registered.


That is the first I am hearing or seeing of this. I will admit I haven't read the whole ruling yet. Do you have a source for this information?


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Re: Another twist to the brace debacle [Re: HandgunHTR] #8795307 02/04/23 07:04 PM
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Originally Posted by HandgunHTR
Originally Posted by blkt2


Another Quirk of the ruling is that anything with a short barrel sold from the factory with a brace cannot be registered and must be destroyed or turned over to the government. Only things that you've added a brace to can be registered.


That is the first I am hearing or seeing of this. I will admit I haven't read the whole ruling yet. Do you have a source for this information?



Also very interested to see the language from ruling that states this. I would imagine this is the majority of braces out there and would create a ton of felons.

One thing that hasnt been brought up…..how many braced pistol owners are there that bought a factory configured gun that is going to be illegal shortly and they have no idea. I have 2 coworkers that had blank stares when I asked them what they were planning to do about their Banshees. When I sent them the link to the ruling their response was along the lines of “holy sh!t, we would not have known if you hadnt mentioned it”

Re: Another twist to the brace debacle [Re: scot] #8795315 02/04/23 07:16 PM
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They’ve changed it so many times now I don’t know if half the info I’ve read about it is even correct anymore. But I did read that FFL’s and Manufacturers do not get the 120 grace period. As soon as it went on the register the FFLs had to stop selling braced firearms. I was actually looking at a Maxim Defense PDX on their website yesterday and they said they state that they’ll no longer ship the PDX (or any pistol) with their brace. Even funnier their price hasn’t changed even thought they’re not including their $350ish PDW Brace lol. So all the companies that still have brace inventory are SOL. Under the ruling they can still sell them, but no one is going to buy them if they have to SBR the pistol anyway why would you put a brace on an SBR at that point.

I think there are going to be millions if not 10’s if millions that don’t have a clue this is even happening.


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Re: Another twist to the brace debacle [Re: scot] #8795415 02/04/23 10:09 PM
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I would suggest that those that keep asking for source material, read the rule at the link below with the same fervor as one might read the US Constitution.

https://www.govinfo.gov/content/pkg/FR-2023-01-31/pdf/2023-01001.pdf

Re: Another twist to the brace debacle [Re: RHutch] #8795417 02/04/23 10:18 PM
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Originally Posted by RHutch
I would suggest that those that keep asking for source material, read the rule at the link below with the same fervor as one might read the US Constitution.

https://www.govinfo.gov/content/pkg/FR-2023-01-31/pdf/2023-01001.pdf



That is what we’re asking for. Reference where in the ruling the following lives:

-Pictures of braced pistol must be submitted
-If your Form 1 isnt approved in 88 days you are a felon
-If your Form 1 doesnt have a stamp its going to be a problem
-If you bought your pistol with a brace installed from mfg you have to destroy or turn in your gun

These are all things that have been mentioned on this forum in past 2 days but appear to be false.

Re: Another twist to the brace debacle [Re: scot] #8795528 02/05/23 12:57 AM
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Tell me why we need another topic?


Pass the gravy.


Re: Another twist to the brace debacle [Re: scot] #8795533 02/05/23 01:02 AM
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Anytime I've had any question, I just called the NFA Branch. They always answered the phone and provided the correct information.

Re: Another twist to the brace debacle [Re: jeepercreeper] #8795770 02/05/23 04:01 PM
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Originally Posted by jeepercreeper
Originally Posted by RHutch
I would suggest that those that keep asking for source material, read the rule at the link below with the same fervor as one might read the US Constitution.

https://www.govinfo.gov/content/pkg/FR-2023-01-31/pdf/2023-01001.pdf



That is what we’re asking for. Reference where in the ruling the following lives:

-Pictures of braced pistol must be submitted
-If your Form 1 isnt approved in 88 days you are a felon
-If your Form 1 doesnt have a stamp its going to be a problem
-If you bought your pistol with a brace installed from mfg you have to destroy or turn in your gun

These are all things that have been mentioned on this forum in past 2 days but appear to be false.


Based on what I've seen and my conversation with ATF, I agree all of those are false except possibly the first one. I've seen two forms which have been submitted and they both had photos of the guns on them, I just don't know if it's a requirement.


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Re: Another twist to the brace debacle [Re: scot] #8795804 02/05/23 05:10 PM
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Here’s a question I don’t see a definitive answer for:

Is the $200 tax fee going to be waived for any and all SBR submissions through the May 31 date?
And if that answer is “no”, then what proof of a braced firearm is required to gain the fee waiver?

Re: Another twist to the brace debacle [Re: RHutch] #8795871 02/05/23 08:16 PM
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Originally Posted by RHutch
Here’s a question I don’t see a definitive answer for:

Is the $200 tax fee going to be waived for any and all SBR submissions through the May 31 date?
And if that answer is “no”, then what proof of a braced firearm is required to gain the fee waiver?


Great question. Im gng to be doing one soon. I will be doing it as an Individual because my trust did not own prior to 1/31/23 which is annoying since it’ll be my only SBR as an Individual.

Re: Another twist to the brace debacle [Re: scot] #8796054 02/06/23 01:41 AM
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https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

The last answer in the FAQ implies if an SBR is being registered in the 120day timeframe, the fee is waived.
I have a rifle I’ve been meaning to SBR so I will check it out.

Re: Another twist to the brace debacle [Re: RHutch] #8796063 02/06/23 02:14 AM
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Originally Posted by RHutch
https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

The last answer in the FAQ implies if an SBR is being registered in the 120day timeframe, the fee is waived.
I have a rifle I’ve been meaning to SBR so I will check it out.


The last answer in the FAQ is addressing short barreled shotguns. Look at question 13.

Re: Another twist to the brace debacle [Re: scot] #8796150 02/06/23 03:57 AM
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I saw that but how would they know unless a photo was mandated?
This doesn’t affect me anyway. Brace-free. Just disgusted at the BS the ATF gets away with.

Re: Another twist to the brace debacle [Re: RHutch] #8796295 02/06/23 01:58 PM
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Originally Posted by RHutch
I saw that but how would they know unless a photo was mandated?
This doesn’t affect me anyway. Brace-free. Just disgusted at the BS the ATF gets away with.


Well, pretty sure the ATF knows exactly how a firearm starts its life. If it was born anything other than a pistol, how would they know if someone had truly reconfigured vs trying to get a free approval? It says on eForms that they may ask for additional photos as part of the exempt option. I dont think its a trap to get you to submit photos, its trying to keep honest people honest.

Re: Another twist to the brace debacle [Re: RHutch] #8796306 02/06/23 02:16 PM
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Originally Posted by RHutch
https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

The last answer in the FAQ implies if an SBR is being registered in the 120day timeframe, the fee is waived.
I have a rifle I’ve been meaning to SBR so I will check it out.


Also, I think you’re being facetious here but if one were trying to get a free stamp for a SBR that didnt meet the criteria, stating so on a public forum on the internet would be bad news.

Re: Another twist to the brace debacle [Re: scot] #8796405 02/06/23 04:37 PM
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I was. I don’t need anything free especially from.Gov. Gainfully employed and close to hanging it up.
I’m done here. Have fun.

Re: Another twist to the brace debacle [Re: RHutch] #8796502 02/06/23 06:37 PM
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Originally Posted by RHutch
https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

The last answer in the FAQ implies if an SBR is being registered in the 120day timeframe, the fee is waived.
I have a rifle I’ve been meaning to SBR so I will check it out.


Good luck with that endeavor.

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