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Re: ATF ruling on SBRs [Re: DeRico] #8787789 01/25/23 04:33 PM
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Originally Posted by DeRico
Originally Posted by TLew
Originally Posted by DeRico
My opinion, ATF is doing this because DOJ needs money. Quickest way is to force people to pay $200.


Would love for you to explain the tax forbearance for 40 million items in circulation that ATF is now calling SBRs. Seems like not many folks are going to go this route once the forbearance is done, so no money in it except through fines from prosecution (good luck getting any quantifiable number of those)


Don’t have to explain much on that, after 120 days it’ll be payup time.

ATF is not doing any of this for Money. The current administration is anti-gun, and they are doing anything that they can think of to infringe on the 2nd amendment.

Last edited by unclebubba; 01/25/23 04:33 PM.
Re: ATF ruling on SBRs [Re: DustyArmadillo] #8792506 01/31/23 11:07 PM
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Re: ATF ruling on SBRs [Re: DustyArmadillo] #8795092 02/04/23 11:32 AM
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noted that the “cost’ of the rule/law is $288,000,000. WTF?


Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
Re: ATF ruling on SBRs [Re: DustyArmadillo] #8806504 02/23/23 12:01 AM
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This brace thing isn't going to happen.The ATF came straight out and admitted to screwing up.The 2nd amendment attorney spoke with one of the main agents at atf.They now realize that there is no way 20 million people can register for an sbr in 3 months lol..They can barely handle 500-1k cases a year.SO ,,the under-breath is saying,,,never happen.And who would enforce it.No leo will,most states have spoken up and said they wont.

The atf worded it as a rule,,,not a law,YET... Rules are only regulated by the person of biz that made it.I don't think any Leo could enforce it. Please correct me if im mistaken on that or am confused in the meaning.

https://www.geeksforgeeks.org/distinguish-between-laws-and-rules/

Last edited by Gekko68; 02/23/23 12:11 AM.
Re: ATF ruling on SBRs [Re: DustyArmadillo] #8806572 02/23/23 01:49 AM
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Originally Posted by Gekko68

The atf worded it as a rule,,,not a law,YET... Rules are only regulated by the person of biz that made it.I don't think any Leo could enforce it. Please correct me if im mistaken on that or am confused in the meaning.


Texas Penal Code:

Sec. 46.05. PROHIBITED WEAPONS.

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:

(A) an explosive weapon;

(B) a machine gun; or

(C) a short-barrel firearm

Re: ATF ruling on SBRs [Re: Gekko68] #8806638 02/23/23 02:37 AM
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Originally Posted by Gekko68
This brace thing isn't going to happen.The ATF came straight out and admitted to screwing up.The 2nd amendment attorney spoke with one of the main agents at atf.They now realize that there is no way 20 million people can register for an sbr in 3 months lol..They can barely handle 500-1k cases a year.SO ,,the under-breath is saying,,,never happen.


Your not wrong although the time doesn't matter since it just has to be submitted within the 120 window or rectified to be legal (a few options)



Originally Posted by Gekko68
And who would enforce it.No leo will,most states have spoken up and said they wont.

The atf worded it as a rule,,,not a law,YET... Rules are only regulated by the person of biz that made it.I don't think any Leo could enforce it. Please correct me if im mistaken on that or am confused in the meaning.

https://www.geeksforgeeks.org/distinguish-between-laws-and-rules/


You're completely wrong as ntx pointed out

Re: ATF ruling on SBRs [Re: DustyArmadillo] #8809089 02/27/23 03:23 AM
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but thats my point,,in no way could they even look at 200k let alone millions of entrys..
Its an impossible task.The fed laws say if its an impossible task made by a rule or
law,then it cant be regulated or be a law.

Basically it has to be possible,you cant say people cant take a poop after midnight.
Its an impossible rule or law.

Last edited by Gekko68; 02/27/23 03:24 AM.
Re: ATF ruling on SBRs [Re: DustyArmadillo] #8809090 02/27/23 03:29 AM
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knowingly possesses, manufactures, transports, repairs, or sells:????

so your saying they sent a letter to every person that bought a brace?

Half or more of the people i have spoken with that have no clue about laws
or guns,that own a brace or gun, said they had no idea of the brace law.

Theres just too many loopholes in this law,im guessing that is why they
overturned the bump stock ban...

Re: ATF ruling on SBRs [Re: DustyArmadillo] #8809103 02/27/23 03:41 AM
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You sure the bump stock ban has been overturned?

Re: ATF ruling on SBRs [Re: ntxtrapper] #8809544 02/27/23 11:14 PM
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The 13-3 ruling at the 5th U.S. Circuit Court of appeals is the latest on the issue,
which is likely to be decided at the Supreme Court.

Its getting there .when has the courts moved quickly frown

Re: ATF ruling on SBRs [Re: DustyArmadillo] #8810707 03/01/23 08:00 PM
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Ok,,the latest news I have is that liberty for america attorneys are suing the atf.They are basing it on the 2nd amendment as well as other past documentation.

Over 30 states have joined the lawsuit so far..

Re: ATF ruling on SBRs [Re: DustyArmadillo] #8816510 03/11/23 08:08 PM
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Re: ATF ruling on SBRs [Re: J.G.] #8816768 03/12/23 01:49 PM
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Originally Posted by J.G.


I’m sure the ATF will continue to thumb their nose at any congressional requests or demands as long as they have the administration on their side.

Re: ATF ruling on SBRs [Re: DustyArmadillo] #8846160 05/04/23 05:05 PM
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any more updates on this? Not that I have one up but just curious. I can't find any recent info.

Re: ATF ruling on SBRs [Re: GNTX] #8846218 05/04/23 06:23 PM
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Originally Posted by GNTX
Originally Posted by J.G.


I’m sure the ATF will continue to thumb their nose at any congressional requests or demands as long as they have the administration on their side.

I've watched a bunch of this hearing, the ATF chief was definitely in over his head. He did the typical bureaucratic deflection on pretty much every questions.

He did however admit he doesn't know much about guns.

After that bloodbath, I don't see this rule standing in the end. Might take a few years like the bumpstock did, but it will be nullified sooner or later.


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Re: ATF ruling on SBRs [Re: KRoyal] #8846348 05/04/23 09:14 PM
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Re: ATF ruling on SBRs [Re: DustyArmadillo] #8846652 05/05/23 01:36 PM
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I read an article this morning stating that the ATF has received only 125K applications for registration. Estimates on the number of AR pistols out there varies from about 3M to 40M. At either end of the spectrum, that's a really small %.

Quickly running out of time for the courts to do something though.


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Re: ATF ruling on SBRs [Re: Gumbeaux] #8846670 05/05/23 02:01 PM
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Originally Posted by Gumbeaux
I read an article this morning stating that the ATF has received only 125K applications for registration. Estimates on the number of AR pistols out there varies from about 3M to 40M. At either end of the spectrum, that's a really small %.

Quickly running out of time for the courts to do something though.

Well if time runs out and courts still hasn't acted, according to the head of the ATF you can just detach the brace from the pistol and you're good. If they try to prosecute you for constructive intent just tell your lawyer to play the congressional hearing in court. He states plain as day that you won't be prosecuted if you just detach the brace and keep it separate.


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Re: ATF ruling on SBRs [Re: KRoyal] #8846772 05/05/23 03:33 PM
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Originally Posted by KRoyal
Originally Posted by Gumbeaux
I read an article this morning stating that the ATF has received only 125K applications for registration. Estimates on the number of AR pistols out there varies from about 3M to 40M. At either end of the spectrum, that's a really small %.

Quickly running out of time for the courts to do something though.

Well if time runs out and courts still hasn't acted, according to the head of the ATF you can just detach the brace from the pistol and you're good. If they try to prosecute you for constructive intent just tell your lawyer to play the congressional hearing in court. He states plain as day that you won't be prosecuted if you just detach the brace and keep it separate.


And waiving the fee doesn't do any good because it still costs you $200 to get it from individual the trust. Might as well just pay the $200 to go straight to trust if and when the time comes.


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Re: ATF ruling on SBRs [Re: Gumbeaux] #8846797 05/05/23 03:50 PM
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Originally Posted by Gumbeaux
Originally Posted by KRoyal
Originally Posted by Gumbeaux
I read an article this morning stating that the ATF has received only 125K applications for registration. Estimates on the number of AR pistols out there varies from about 3M to 40M. At either end of the spectrum, that's a really small %.

Quickly running out of time for the courts to do something though.

Well if time runs out and courts still hasn't acted, according to the head of the ATF you can just detach the brace from the pistol and you're good. If they try to prosecute you for constructive intent just tell your lawyer to play the congressional hearing in court. He states plain as day that you won't be prosecuted if you just detach the brace and keep it separate.


And waiving the fee doesn't do any good because it still costs you $200 to get it from individual the trust. Might as well just pay the $200 to go straight to trust if and when the time comes.

Yes, which is exactly what I just did with my PSA Jakl.

I've also heard that all these "free stamps" aren't actual SBR stamps because there was no tax paid. So say you get the free stamp, now you have an SBR why would you run a brace when you can run a real stock. You throw a stock on the gun and a year later this rule is overturned by the courts. Well you now have an illegal SBR sitting in your safe. By that time most people that did this won't even be following this ruling anymore. Now the ATF has a gun registration of all the people that applied for the free stamp which now all have illegal SBRs. If they wanted to, they could go door to door to check them, and they might out of spite for their rule being overturned.

Also I'm pretty sure according to the ATF that once a gun is a "Rifle" it can not be converted back to a "Pistol". So even if this is overturned all those people with free stamps won't be able to just put a brace back on, they'll have to put a 16" barrel on it, destroy it, or pay the $200 tax stamp. So basically back to square one, but now the ATF has a huge list of names and addresses...


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Re: ATF ruling on SBRs [Re: KRoyal] #8846818 05/05/23 04:24 PM
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Originally Posted by KRoyal
Originally Posted by GNTX
Originally Posted by J.G.


I’m sure the ATF will continue to thumb their nose at any congressional requests or demands as long as they have the administration on their side.

I've watched a bunch of this hearing, the ATF chief was definitely in over his head. He did the typical bureaucratic deflection on pretty much every questions.

He did however admit he doesn't know much about guns.

After that bloodbath, I don't see this rule standing in the end. Might take a few years like the bumpstock did, but it will be nullified sooner or later.


"The decision doesn't have an immediate effect on the ban though because the case now moves back to the lower court to decide how to proceed."

https://www.npr.org/2023/01/07/1147698112/bump-stocks-ban-struck-down-court

Re: ATF ruling on SBRs [Re: KRoyal] #8849254 05/09/23 03:03 AM
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Originally Posted by KRoyal
Originally Posted by Gumbeaux
Originally Posted by KRoyal
Originally Posted by Gumbeaux
I read an article this morning stating that the ATF has received only 125K applications for registration. Estimates on the number of AR pistols out there varies from about 3M to 40M. At either end of the spectrum, that's a really small %.

Quickly running out of time for the courts to do something though.

Well if time runs out and courts still hasn't acted, according to the head of the ATF you can just detach the brace from the pistol and you're good. If they try to prosecute you for constructive intent just tell your lawyer to play the congressional hearing in court. He states plain as day that you won't be prosecuted if you just detach the brace and keep it separate.


And waiving the fee doesn't do any good because it still costs you $200 to get it from individual the trust. Might as well just pay the $200 to go straight to trust if and when the time comes.

Yes, which is exactly what I just did with my PSA Jakl.

I've also heard that all these "free stamps" aren't actual SBR stamps because there was no tax paid. So say you get the free stamp, now you have an SBR why would you run a brace when you can run a real stock. You throw a stock on the gun and a year later this rule is overturned by the courts. Well you now have an illegal SBR sitting in your safe. By that time most people that did this won't even be following this ruling anymore. Now the ATF has a gun registration of all the people that applied for the free stamp which now all have illegal SBRs. If they wanted to, they could go door to door to check them, and they might out of spite for their rule being overturned.

Also I'm pretty sure according to the ATF that once a gun is a "Rifle" it can not be converted back to a "Pistol". So even if this is overturned all those people with free stamps won't be able to just put a brace back on, they'll have to put a 16" barrel on it, destroy it, or pay the $200 tax stamp. So basically back to square one, but now the ATF has a huge list of names and addresses...


No, a pistol can be turned into a rifle and back to a pistol. A rifle cannot be turned into a pistol as it was always a rifle.

Let's move from 101 to 401 class now. ATF says that our AR pistols have always been SBRs so they are NFA items, but they are allowing tax forbearance because when they were purchased the law was not clear. So, our once AR pistols are rifles, have always been rifles, and will continue to be rifles. Let's say the rule gets struck down, so does that definition, which means that the same guns the ATF said were, are, and always will be SBRs are now back to what they were classified as on your 4473, in other words a pistol. Assuming you're confused at this point, you can take the stock off and put a brace back on and it's a pistol IF the rule gets struck down.

Re: ATF ruling on SBRs [Re: TLew] #8849449 05/09/23 04:53 PM
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Originally Posted by TLew


Let's move from 101 to 401 class now. ATF says that our AR pistols have always been SBRs so they are NFA items, but they are allowing tax forbearance because when they were purchased the law was not clear. So, our once AR pistols are rifles, have always been rifles, and will continue to be rifles. Let's say the rule gets struck down, so does that definition, which means that the same guns the ATF said were, are, and always will be SBRs are now back to what they were classified as on your 4473, in other words a pistol. Assuming you're confused at this point, you can take the stock off and put a brace back on and it's a pistol IF the rule gets struck down.


But there has never been a law passed on AR Pistols, they've always been pistols. Have the ATF made "rulings" on pistols? Yes, but there are no laws just unelected bureaucrats making rules as they see fit with no authority to do so. So really none of this is the law of the land just antigunner rulings, none of which have passed congress who actually makes the laws.

You're correct on the pistol to rifle back to pistol thing. I was just too lazy to go look it up LOL.

Originally Posted by ATF
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.

Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).

[26 U.S.C. § 5845, 27 CFR § 479.11]


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Re: ATF ruling on SBRs [Re: KRoyal] #8849495 05/09/23 06:44 PM
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Originally Posted by KRoyal
Originally Posted by TLew


Let's move from 101 to 401 class now. ATF says that our AR pistols have always been SBRs so they are NFA items, but they are allowing tax forbearance because when they were purchased the law was not clear. So, our once AR pistols are rifles, have always been rifles, and will continue to be rifles. Let's say the rule gets struck down, so does that definition, which means that the same guns the ATF said were, are, and always will be SBRs are now back to what they were classified as on your 4473, in other words a pistol. Assuming you're confused at this point, you can take the stock off and put a brace back on and it's a pistol IF the rule gets struck down.


But there has never been a law passed on AR Pistols, they've always been pistols. Have the ATF made "rulings" on pistols? Yes, but there are no laws just unelected bureaucrats making rules as they see fit with no authority to do so. So really none of this is the law of the land just antigunner rulings, none of which have passed congress who actually makes the laws.

You're correct on the pistol to rifle back to pistol thing. I was just too lazy to go look it up LOL.

Originally Posted by ATF
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.

Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).

[26 U.S.C. § 5845, 27 CFR § 479.11]


Don't try to detangle the birds nest. The official rule is pursuant to the National Firearms Act of 1934 which was amended with the GCA of 1968.


(I'm not saying I don't agree with you, just that we need to get the courts to look at overturning chevron deference)

Re: ATF ruling on SBRs [Re: TLew] #8849501 05/09/23 06:51 PM
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Originally Posted by TLew



(I'm not saying I don't agree with you, just that we need to get the courts to look at overturning chevron deference)


I've heard that term a lot listening to the 2A Attorneys on this case, went and looked it up still don't 100% understand it. Guess that is why I'm not a lawyer rofl I get the gist of it, but when I read legal mumbojumbo my eyes glaze over.


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