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Re: Another brace question [Re: syncerus] #8805869 02/22/23 01:55 AM
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Anyway, I filed my amnesty Form 1s after the site went live and got my first two back today. I put a brace on this specifically to use as a stock, it isn't even usable as a brace, and it works so well as a stock that I'm leaving it on there permanently.
[Linked Image]

Last edited by HicksHunter; 02/22/23 01:56 AM.
Re: Another brace question [Re: HicksHunter] #8805938 02/22/23 03:15 AM
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Ok, that's just cool!

Originally Posted by HicksHunter
Anyway, I filed my amnesty Form 1s after the site went live and got my first two back today. I put a brace on this specifically to use as a stock, it isn't even usable as a brace, and it works so well as a stock that I'm leaving it on there permanently.
[Linked Image]


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Re: Another brace question [Re: HicksHunter] #8805981 02/22/23 04:32 AM
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Originally Posted by HicksHunter
Anyway, I filed my amnesty Form 1s after the site went live and got my first two back today. I put a brace on this specifically to use as a stock, it isn't even usable as a brace, and it works so well as a stock that I'm leaving it on there permanently.



Nice. Did you file them as an individual or as a trust?

Re: Another brace question [Re: syncerus] #8806018 02/22/23 11:02 AM
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Individual.

Re: Another brace question [Re: HicksHunter] #8806038 02/22/23 12:11 PM
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Originally Posted by HicksHunter
Individual.


Thats my problem. Im holding out bc I didnt have pistols on my trust before 1/31 and dont really want to have some SBRs on a trust and some as Individual.

Btw, put a proper stock on it. A MP5 deserves a real stock, not a goofy azz brace.

Re: Another brace question [Re: syncerus] #8806102 02/22/23 01:54 PM
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The "free" stamp only works to get it to you as an individual. Then it's $200 to move it to your trust. So for those of us with trusts, it's ain't tax free.


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Re: Another brace question [Re: syncerus] #8806108 02/22/23 01:57 PM
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Here's an interesting thought. A guy takes his pistol and does the form 1. Now that he has a legal SBR, he changes out the brace for a stock. A couple months later, the courts rule this new law as unconstitutional. Does the form 1 still apply, or do you now have an illegal SBR?

Re: Another brace question [Re: syncerus] #8806180 02/22/23 03:34 PM
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Form 1 still valid because you're registering it as an SBR, not a "braced pistol."

Re: Another brace question [Re: Gumbeaux] #8806195 02/22/23 03:47 PM
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Originally Posted by Gumbeaux
The "free" stamp only works to get it to you as an individual. Then it's $200 to move it to your trust. So for those of us with trusts, it's ain't tax free.


...unless you had the braced pistol in your trust before the rule was published in the Federal Register on January 31. That's why I asked how his was filed.

Re: Another brace question [Re: Cass] #8806234 02/22/23 04:44 PM
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Originally Posted by Cass
Originally Posted by Gumbeaux
The "free" stamp only works to get it to you as an individual. Then it's $200 to move it to your trust. So for those of us with trusts, it's ain't tax free.


...unless you had the braced pistol in your trust before the rule was published in the Federal Register on January 31. That's why I asked how his was filed.


True.....


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Re: Another brace question [Re: syncerus] #8806263 02/22/23 05:30 PM
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So, to benefit from the free amnesty program, one must register as an individual rather than use a trust?


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Re: Another brace question [Re: syncerus] #8806265 02/22/23 05:32 PM
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Originally Posted by syncerus
So, to benefit from the free amnesty program, one must register as an individual rather than use a trust?

You can register on a trust, you just had to have your braced pistol added to your trust before Jan 31 2023. I'm not sure why anyone would have had a braced pistol on their trust already since it's not required.


[Linked Image]



Re: Another brace question [Re: KRoyal] #8806316 02/22/23 06:39 PM
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Originally Posted by KRoyal
Originally Posted by syncerus
So, to benefit from the free amnesty program, one must register as an individual rather than use a trust?

You can register on a trust, you just had to have your braced pistol added to your trust before Jan 31 2023. I'm not sure why anyone would have had a braced pistol on their trust already since it's not required.


x2 You wouldn't, which is exactly how they gotcha.


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Re: Another brace question [Re: syncerus] #8806541 02/23/23 01:03 AM
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Keep making new topics on the subject but the rules are still dumb and the replies are still the same.


Pass the gravy.


Re: Another brace question [Re: HicksHunter] #8806576 02/23/23 01:52 AM
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Originally Posted by KRoyal
Originally Posted by syncerus
So, to benefit from the free amnesty program, one must register as an individual rather than use a trust?

You can register on a trust, you just had to have your braced pistol added to your trust before Jan 31 2023. I'm not sure why anyone would have had a braced pistol on their trust already since it's not required.


If you knew about the rule before it published to the federal register, then you could do an assignment of property and notarize it. I know a bunch of people that did this and are waiting.

Originally Posted by unclebubba
Here's an interesting thought. A guy takes his pistol and does the form 1. Now that he has a legal SBR, he changes out the brace for a stock. A couple months later, the courts rule this new law as unconstitutional. Does the form 1 still apply, or do you now have an illegal SBR?

Originally Posted by HicksHunter
Form 1 still valid because you're registering it as an SBR, not a "braced pistol."


Wrong - form will be revoked. This is not a normal form 1 — see the forebearance box you check. This will be cancelled if they revoke the rule. Now the weapon the ATF said has always been an SBR is reverted back to a pistol which can’t have a stock on it. You could obviously pull the stock off and put the brace back on, but I’m sure people may get caught if they aren’t up to date on the rule status

Re: Another brace question [Re: syncerus] #8806636 02/23/23 02:35 AM
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Call me crazy, but this sure looks like a Form 1 for the making of an SBR lol

[Linked Image]

The third box simply states that it is a tax-exempt filing.

Last edited by HicksHunter; 02/23/23 02:36 AM.
Re: Another brace question [Re: syncerus] #8806651 02/23/23 02:45 AM
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Did that box exist before Final Rule 2021R-08F? Do you think it will exist afterward? If the rule is voided and null, will forms submitted with that box checked then be considered void and null since that box was only added for this rule? You have no stamp when you submit this -- you just get an approved letter. Since you didn't pay a tax, your form can 100% be revoked as there is no tax forbearance necessary any longer.

Use your head for a minute and really think about if the government is going to let you keep your approved form 1 rather than try to get $200 out of you? Also, you'll notice they added a new 'revoked' status on the eform site.

Re: Another brace question [Re: syncerus] #8806665 02/23/23 02:57 AM
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I'm sure glad my granddad's votes no longer counted after he stopped having to file his poll taxes. wink

Not to put too blunt of a point on it, but this is clearly a standard Form 1. The stamp doesn't give you any special privileges, it's just a receipt that you paid your necessary taxes. At the end of the day you'll have an official government document saying that you are in legal possession of a short barreled rifle, the brace issue is irrelevant at that point.


Last edited by HicksHunter; 02/23/23 03:06 AM.
Re: Another brace question [Re: syncerus] #8806692 02/23/23 03:48 AM
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Not to rain on anyone's parade, but none of my Form 1s have that wording for Tax Exempt. What's the date of revision at the bottom of the form? Mine are all Sep 2007

The only two "Tax Exempt" provisions on mine are for:

1.b. "....firearm is being made of behalf of the United States..."

1.c. "...firearm is being made by or on behalf of any State or Possession of the United States..."

On the Form 1 shown above, those have both been included under 1.b. while 1.c is now a completely new category.

Last edited by 9x19; 02/23/23 03:59 AM.
Re: Another brace question [Re: syncerus] #8806822 02/23/23 01:37 PM
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So I took another look at the form, and I'm not above admitting when I'm wrong. I could be wrong in this case.

My form is "Approved with Conditions" with the condition being "Pursuant to ATF Final Rule 2021R-08F."

Maybe if the rule isn't on the books then the form is invalid?

Re: Another brace question [Re: HicksHunter] #8806828 02/23/23 01:46 PM
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Originally Posted by HicksHunter
So I took another look at the form, and I'm not above admitting when I'm wrong. I could be wrong in this case.

My form is "Approved with Conditions" with the condition being "Pursuant to ATF Final Rule 2021R-08F."

Maybe if the rule isn't on the books then the form is invalid?


Bingo

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