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The ATF Pistol Brace Rule
cordex:
--- Quote from: dogmush on January 17, 2023, 08:49:10 AM ---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.
--- End quote ---
There are three major possibilities. Only one of which is likely to result in people hanging on to their pistol braces.
1. The new rule is struck down, but SBRs are upheld. Okay, people keep their braces.
2. The new rule is upheld, and SBRs are upheld. People either SBR their guns and put a real stock on them, or toss the braces.
3. NFA restriction on SBRs is eliminated entirely. People put real stocks on their guns and toss the braces.
dogmush:
--- Quote from: K Frame on January 17, 2023, 08:47:57 AM ---And this is exactly why I have NEVER considered getting a "brace."
--- End quote ---
I was actually thinking of you and your comment this morning, as this is proof you were wrong all along.
If the hypothetical pistol brace buyer wanted an SBR all along, the current worst case is they get a free tax stamp, and they have their SBR without spending $200. There's a real chance that ATF rulemaking will be curtailed from this (EPA v West Virginia precedent), or parts of the NFA will be chipped away (Miller or Bruen precedent, take your pick.)
Not to mention all the years we got to enjoy shooting a small handy AR, or 5.
MechAg94:
I figured if the rule goes into effect, you need to remove braces and store them somewhere else to avoid any issues. The legal stuff around this is going to be interesting to watch.
I have considered SBR tax stamp on a couple carbines. Early on I was hearing some odd stuff about the information you had to submit to register an SBR under this rule. I wasn't sure if I wanted to take advantage of the "free" tax stamp. I guess I will learn more about that.
dogmush:
--- Quote from: cordex on January 17, 2023, 08:54:08 AM ---There are three major possibilities. Only one of which is likely to result in people hanging on to their pistol braces.
1. The new rule is struck down, but SBRs are upheld. Okay, people keep their braces.
2. The new rule is upheld, and SBRs are upheld. People either SBR their guns and put a real stock on them, or toss the braces.
3. NFA restriction on SBRs is eliminated entirely. People put real stocks on their guns and toss the braces.
--- End quote ---
4. Rule is upheld, people don't give a *expletive deleted*ck and keep their braces.
My other though is that the current braces are useful enough that people might not run out and drop $100 to slap a stock on there right away. There's not that much added functionality, really*. New Pistol Brace sales are probably finished though, you are correct there.
*I recently pinned and welded a 14.5" AR I had been running with a brace, and put a BCM stock on it. My initial impression was that I probably could have saved that money.
--- Quote from: MechAg94 on January 17, 2023, 08:56:47 AM ---I figured if the rule goes into effect, you need to remove braces and store them somewhere else to avoid any issues. The legal stuff around this is going to be interesting to watch.
I have considered SBR tax stamp on a couple carbines. Early on I was hearing some odd stuff about the information you had to submit to register an SBR under this rule. I wasn't sure if I wanted to take advantage of the "free" tax stamp. I guess I will learn more about that.
--- End quote ---
If it goes into effect as written, you would need to destroy the braces if you take them off. We'll see what the inevitable requests for injunctions bring.
On the other the only added requirement I was tracking to eForm 1 a pistol was to send in pictures of the rifle's current configuration, and I didn't see that in the new rule, and when I logged in this morning there was a new eForm 1 specifically for tax exempt registrations under this rule. There is no provision for anything more than a normal form 1, you just skip pay.gov step.
You do need to certify that the firearm is eligible for tax exempt registration under the final rule, so it is supposed to have a brace on it right now.
MechAg94:
--- Quote from: K Frame on January 17, 2023, 08:47:57 AM ---And this is exactly why I have NEVER considered getting a "brace."
--- End quote ---
I avoided SBR stuff until it appeared that it was legal and it was being commonly done. I think I had an AK pistol and later sold it before I heard about braces. Later, we saw major firearms manufacturers were selling "pistols" with braces. The legal fight on this will be interesting to watch.
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