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Red Alert- ATF To Classify Pistol Braces Under NFA #8092723 12/17/20 05:40 AM
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Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8092973 12/17/20 03:05 PM
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Earl Offline
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Buried on page 13 of their document is the only paragraph that really applies - click the link, read it. It's there:

"The contents of this document do not have the force and effect of law and are not
meant to bind the public in any way. This document is intended only to provide clarity to
the public regarding existing requirements under the law or Department policies. This
guidance does not alter in any way the Department’s authority to enforce federal law and
is not intended to, does not, and may not be relied upon to create any rights, substantive
or procedural, enforceable at law by any party in any matter civil or criminal."

Earl

Last edited by Earl; 12/17/20 03:09 PM.

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Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8093666 12/18/20 12:26 AM
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I'll be the first to admit I'm not a lawyer, but I believe that paragraph indicates that the document you read is a guide on what they intend to publish to the federal register. It does not become law until that point, after that point it is. It speaks of a process by which owners of current stabilizing brace equipped pistols will be required to register under the NFA or remove and destroy their stabilizing brace.

Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8093694 12/18/20 12:45 AM
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Earl Offline
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That's one way of interpreting it. But if you read all 14 pages at no point does the "guideline" identify anything that classifies a weapon as an SBR - merely that it depends on caliber (not specifying which ones), use of a close eye relief optic (not specifying types, kinds, brands, models, etc.), whether it is oriented properly for one handed shooting or points up or down (really?), etc. etc. It is at their sole discretion if a braced pistol is a braced pistol or an SBR with no information at all providing a guideline. It would never stand up in court (probably even a liberal one).

Another way of reading it is exactly as it says...the ATF doesn't have the ability to create law (they don't). They DO have the ability to create a scare and in so doing potentially stop manufacturing of braced pistols, increase registration, and greatly inhibit their sale and possession. The document even states that enforcement of it is at their whim (not their exact words - but their essential meaning).

I was actually planning to SBR (submit the paperwork, not add a stock and vertical grip - yet) my DD MK18 over the holidays anyways. If they can make it to where I can do so in an expedited manner and not pay the $200 tax - I will but not because they say I have to, only because I planned to anyways.

Earl

Originally Posted by KC
I'll be the first to admit I'm not a lawyer, but I believe that paragraph indicates that the document you read is a guide on what they intend to publish to the federal register. It does not become law until that point, after that point it is. It speaks of a process by which owners of current stabilizing brace equipped pistols will be required to register under the NFA or remove and destroy their stabilizing brace.


Last edited by Earl; 12/18/20 12:47 AM.

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Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8098929 12/22/20 05:55 AM
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Slippery slope that ATF gets to determine basically as they see fit. Can you say overreach!


“Two things that define an individual what you do when you have everything, and what you do when you have nothing."


Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8101573 12/24/20 03:41 AM
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Just got an email from NSSF stating ATF rescinds it’s notice [Linked Image]

Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: DoubleDrop32] #8101922 12/24/20 02:50 PM
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^^Great news!


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Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8102023 12/24/20 04:32 PM
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yep, it's great news for now. But if you are wondering how Biden/Harris are going to pull off their gun agenda, it's all right there. The ATF monkeying around and re-classifying stuff is how they will turn regular stuff into NFA items. The precedent was set with bump-stocks and it was done by our own team. The only thing we can hope for is that someone will get a bump stock case to the SC so they can rule against the ATF's re-classification nonsense. We were close earlier this year, but the DA dropped the charges because they knew they would lose if the case went to court.


Thanks,
Rich
Re: Red Alert- ATF To Classify Pistol Braces Under NFA [Re: KC] #8102031 12/24/20 04:40 PM
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kind of a big deal
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