Pistol Brace ruling from ATF released.

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This will get interesting. By ATF estimates they lost $250 billion in revenue. Doing the math, @ $200 each that means they estimate 1.25 million arm braces are in circulation. Assuming an average of two braces per owner, that means around 625,000 new felons or 1.25 million new NFA registered firearms.

It will be fun to watch the next 4 months.
 
Does the ATF even have the authority to suspend the $200 tax? It’s not a fee or processing charge It is a tax mandated by congress with the 1934 bill.

My understanding is that only Congress has the authority (with Presidential approval) to modify taxes
 
paulgt2164 said:
But hey, some of them are lifetime NRA members so they don't have to do anything. The NRA has got their backs, it gave them that sweet bumper sticker so everyone can see it on the way to the Golden Corral for senior night.

I will say this about a lot of "2a enthusiasts" - they will spend hours a day b*tching and moaning on the internet but can't be bothered to write, call, or email an elected official or participate in an public/open forum hosted by the people who make the laws or influence them. Their support of their rights is active up to the point where it requires a tiny bit of effort - then it is all the "it will never pass anyway" mentality on display.

Hmm, so please give examples of how that works and helps us. Oh wait....
 
Joe_Blacke said:
Does the ATF even have the authority to suspend the $200 tax? It’s not a fee or processing charge It is a tax mandated by congress with the 1934 bill.

My understanding is that only Congress has the authority (with Presidential approval) to modify taxes

Yes, they do...amnesties were written in the 1968 Gun Control Act.
 
Joe_Blacke said:
Does the ATF even have the authority to suspend the $200 tax? It’s not a fee or processing charge It is a tax mandated by congress with the 1934 bill.

My understanding is that only Congress has the authority (with Presidential approval) to modify taxes

Same thing happened to the Cobray Streetsweeper in the 90s
 
Wonder if one could change to an upper with a 16" barrel vs changing just the barrel as the ATF describes. That way when the courts correct this, you can just switch the upper back to how you bought it.

I thought, you could make a rifle out of a pistol, just not the other way around.
 
Tenring said:
Wonder if one could change to an upper with a 16" barrel vs changing just the barrel as the ATF describes. That way when the courts correct this, you can just switch the upper back to how you bought it.

I thought, you could make a rifle out of a pistol, just not the other way around.

Of course you can do that. They don't care if it's a full upper or just a barrel swap. They just want the short barrels gone. Ideally they'd want you to get rid of the "pistol parts" of course. You run the risk of "constructive possession", but that's no different than today. I've always thought the internet FUD surrounding constructive possession is overblown but technically there is a non-zero level of risk. This non-zero level may be a bit higher if AFT has records of people who bought braces.

Another technical complication is that "once a rifle, always a rifle". But realistically, nobody would know if you showed up to the range one day with your "pistol", and the next day with your "rifle", and later showed up with your "pistol" again. There's no way to confirm those weren't different lowers.
 
https://dailycaller.com/2023/01/18/matt-gaetz-abolish-atf-stabilizing-braces-rule/

Matt Gaetz Calls To Abolish The ATF After Agency Issues Rule Allegedly Making It Harder For Certain People To Buy Guns
 
Dauph said:
https://dailycaller.com/2023/01/18/matt-gaetz-abolish-atf-stabilizing-braces-rule/

Matt Gaetz Calls To Abolish The ATF After Agency Issues Rule Allegedly Making It Harder For Certain People To Buy Guns

:clap:
 
Crippledtrigger said:
Still not published in the register.

Anyone who wants to play it safe, still has time to transfer their braced pistols into their trust so the trust gets free tax stamps if they decide to register.

It only takes a couple minutes and is meaningless if you decide not to register or ATF gets slapped down as they should.
 
YNOTAZ said:
Crippledtrigger said:
Still not published in the register.

Anyone who wants to play it safe, still has time to transfer their braced pistols into their trust so the trust gets free tax stamps if they decide to register.

It only takes a couple minutes and is meaningless if you decide not to register or ATF gets slapped down as they should.

Maybe....the Form 1 website requires proof of Trust ownership prior to 1/13/2023. Now, is that date a place holder while they decide on the actual Federal Register entry date? No one really knows...but printing out a new Schedule A for your trust with all your braced firearms listed is a pretty easy hedge.
 
QuietM4 said:
YNOTAZ said:
Crippledtrigger said:
Still not published in the register.

Anyone who wants to play it safe, still has time to transfer their braced pistols into their trust so the trust gets free tax stamps if they decide to register.

It only takes a couple minutes and is meaningless if you decide not to register or ATF gets slapped down as they should.

Maybe....the Form 1 website requires proof of Trust ownership prior to 1/13/2023. Now, is that date a place holder while they decide on the actual Federal Register entry date? No one really knows...but printing out a new Schedule A for your trust with all your braced firearms listed is a pretty easy hedge.

I know a guy who didn't even add them to the trust schedule. He did a transfer of personal property form with a schedule "A" of items transferred, then had his signature notarized to establish the date of transfer to an existing NFA trust.

If ATF gets their hands slapped he intends to just transfer them back to private ownership or lose the forms. If not he will wait until the last week or so and might register them for free.
 
YNOTAZ said:
QuietM4 said:
YNOTAZ said:
Anyone who wants to play it safe, still has time to transfer their braced pistols into their trust so the trust gets free tax stamps if they decide to register.

It only takes a couple minutes and is meaningless if you decide not to register or ATF gets slapped down as they should.

Maybe....the Form 1 website requires proof of Trust ownership prior to 1/13/2023. Now, is that date a place holder while they decide on the actual Federal Register entry date? No one really knows...but printing out a new Schedule A for your trust with all your braced firearms listed is a pretty easy hedge.

I know a guy who didn't even add them to the trust schedule. He did a transfer of personal property form with a schedule "A" of items transferred, then had his signature notarized to establish the date of transfer to an existing NFA trust.

If ATF gets their hands slapped he intends to just transfer them back to private ownership or lose the forms. If not he will wait until the last week or so and might register them for free.


I'm doing the same. Had it notarized today after lunch (apparently my office building offers an in house notary service for free...which I did not know about until today!). Also might have added a few stripped lowers to the list as well...I'm in the middle of assembling them with KAK blades right now :lol: .

If it works, awesome. If not, it's easily reversible.
 
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