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Re: Another brace question
[Re: syncerus]
#8805869
02/22/23 01:55 AM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,044 |
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.
Last edited by HicksHunter; 02/22/23 01:56 AM.
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Re: Another brace question
[Re: HicksHunter]
#8805938
02/22/23 03:15 AM
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Joined: Sep 2013
Posts: 483
Uncle Zeek
Bird Dog
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Bird Dog
Joined: Sep 2013
Posts: 483 |
Ok, that's just cool! 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.
"Decency is not news; it is buried in the obituaries - but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate, probate & taxes 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 work zac@artimlegal.com
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Re: Another brace question
[Re: HicksHunter]
#8805981
02/22/23 04:32 AM
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Joined: Dec 2007
Posts: 596
Cass
Tracker
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Tracker
Joined: Dec 2007
Posts: 596 |
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?
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Re: Another brace question
[Re: syncerus]
#8806018
02/22/23 11:02 AM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,044 |
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Re: Another brace question
[Re: HicksHunter]
#8806038
02/22/23 12:11 PM
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Joined: Nov 2010
Posts: 5,275
jeepercreeper
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2010
Posts: 5,275 |
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.
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Re: Another brace question
[Re: syncerus]
#8806102
02/22/23 01:54 PM
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Joined: Sep 2009
Posts: 4,571
Gumbeaux
Extreme Tracker
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Extreme Tracker
Joined: Sep 2009
Posts: 4,571 |
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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Joined: Nov 2011
Posts: 9,903
unclebubba
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2011
Posts: 9,903 |
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?
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Re: Another brace question
[Re: syncerus]
#8806180
02/22/23 03:34 PM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,044 |
Form 1 still valid because you're registering it as an SBR, not a "braced pistol."
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Re: Another brace question
[Re: Gumbeaux]
#8806195
02/22/23 03:47 PM
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Joined: Dec 2007
Posts: 596
Cass
Tracker
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Tracker
Joined: Dec 2007
Posts: 596 |
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.
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Re: Another brace question
[Re: Cass]
#8806234
02/22/23 04:44 PM
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Joined: Sep 2009
Posts: 4,571
Gumbeaux
Extreme Tracker
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Extreme Tracker
Joined: Sep 2009
Posts: 4,571 |
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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Joined: Dec 2008
Posts: 4,503
syncerus
OP
Extreme Tracker
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OP
Extreme Tracker
Joined: Dec 2008
Posts: 4,503 |
So, to benefit from the free amnesty program, one must register as an individual rather than use a trust?
NRA Patriot Benefactor & DSC Lifer
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Re: Another brace question
[Re: syncerus]
#8806265
02/22/23 05:32 PM
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Joined: Jan 2007
Posts: 26,184
KRoyal
Texoma Legend
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Texoma Legend
Joined: Jan 2007
Posts: 26,184 |
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.
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Re: Another brace question
[Re: KRoyal]
#8806316
02/22/23 06:39 PM
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Joined: Jan 2009
Posts: 19,231
Judd
#1 Creedmoor Fan
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#1 Creedmoor Fan
Joined: Jan 2009
Posts: 19,231 |
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.
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Another brace question
[Re: syncerus]
#8806541
02/23/23 01:03 AM
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Joined: Dec 2013
Posts: 6,898
GasGuzzler
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2013
Posts: 6,898 |
Keep making new topics on the subject but the rules are still dumb and the replies are still the same.
Pass the gravy.
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Re: Another brace question
[Re: HicksHunter]
#8806576
02/23/23 01:52 AM
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Joined: Jan 2013
Posts: 3,428
TLew
Veteran Tracker
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Veteran Tracker
Joined: Jan 2013
Posts: 3,428 |
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. 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? 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
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Re: Another brace question
[Re: syncerus]
#8806636
02/23/23 02:35 AM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Posts: 2,044 |
Call me crazy, but this sure looks like a Form 1 for the making of an SBR lol The third box simply states that it is a tax-exempt filing.
Last edited by HicksHunter; 02/23/23 02:36 AM.
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Re: Another brace question
[Re: syncerus]
#8806651
02/23/23 02:45 AM
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Joined: Jan 2013
Posts: 3,428
TLew
Veteran Tracker
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Posts: 3,428 |
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.
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Re: Another brace question
[Re: syncerus]
#8806665
02/23/23 02:57 AM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,044 |
I'm sure glad my granddad's votes no longer counted after he stopped having to file his poll taxes. 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.
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Re: Another brace question
[Re: syncerus]
#8806692
02/23/23 03:48 AM
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Joined: Oct 2014
Posts: 1,331
9x19
Pro Tracker
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Pro Tracker
Joined: Oct 2014
Posts: 1,331 |
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.
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Re: Another brace question
[Re: syncerus]
#8806822
02/23/23 01:37 PM
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Joined: Jan 2009
Posts: 2,044
HicksHunter
Veteran Tracker
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Veteran Tracker
Joined: Jan 2009
Posts: 2,044 |
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?
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Re: Another brace question
[Re: HicksHunter]
#8806828
02/23/23 01:46 PM
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Joined: Jan 2013
Posts: 3,428
TLew
Veteran Tracker
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Veteran Tracker
Joined: Jan 2013
Posts: 3,428 |
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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