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The ATF Pistol Brace Rule
Ben:
It doesn't look like they've dropped yet, but there are supposed to be at least three lawsuits ready to go.
I have a couple of guns I was waffling on SBRing before this rule came up, and was thinking about doing them now, with the waived $200 tax, except it appears the tax is not actually waived:
--- Quote ---Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.
--- End quote ---
So ten years from now, the ATF, IRS, or whoever could come after me for whatever, stating that like Al Capone, I'm a tax evader. Seems like this "tax forbearance" itself is lawsuit material.
Anyway, with 120 days and lawsuits incoming, I'm not going to panic now, but rather wait to see what happens in the next few weeks.
dogmush:
I'm also going to wait and see for a bit. I admit, I have a couple weapons that I was going to SBR anyway, so a free tax stamp is tempting.
More interestingly to me, is if they drag the whole SBR thing into court. SBR regulations won't even stand up under the US v. Miller precedent, much less some of the newer cases. I actually get the feeling that the ATF was going to let this one go, but the POTUS and AG forced them to do something, and the consequences may be pretty bad for gun control.
cordex:
Pretty much where I am too. Wait and see for the moment.
No matter how it turns out, I have a feeling in a few years those millions and millions of pistol braces will be essentially gone.
K Frame:
And this is exactly why I have NEVER considered getting a "brace."
dogmush:
--- Quote from: cordex on January 17, 2023, 08:43:48 AM ---Pretty much where I am too. Wait and see for the moment.
No matter how it turns out, I have a feeling in a few years those millions and millions of pistol braces will be essentially gone.
--- End quote ---
I know a bunch of people with a bunch of pistol braces. Lots of us are waiting to see, but no one I know is planning on getting rid of their braces. Perhaps if a bunch of folks SBR their pistols we will see them swapped out for stocks, but we'll see.
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