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Link Posted: 1/21/2023 4:37:05 PM EST
[#1]
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I can only talk about my internal thought process.  I have submitted form 1s and gotten them approved in the past.  I lived thru the whole recent form 1 suppressor debacle and I can say the ATF did everything they could to have law abiding citizens arrested.

I have non-res CCW in just about every state that allows it.   I'm on many many lists.   That's not my concern.  

My concern is that an agency that is known for killing innocent people is asking people to admit to a felony on the hopes to get something for free later AND not get charged with a felony.  Then when people point out how the ATF has admitted and stated that they will take enforcement action against anyone who doesn't get their background check done in time when we have no oversight over the ATF intentionally delaying that background check that is the real issue.   It's a scam by the ATF to arrest and jail people who disagree with the current political regime in power.  It's that simple.    

So, am I in group 1, 2 or 3?
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Well stated.
Link Posted: 1/21/2023 4:37:45 PM EST
[#2]
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@Vic_Crown ... have you read the rule ... if you have or not clear about it ... re-read it ... again ... again ... until you have informed yourself ...

I am on my 4th NFA item ... so this isn't anything really new to me ...

Again...you get denied for 2 reasons

1) An application error ... no problem ... you can fixed that ... resubmit and still be compliant with the rule ... stated in the rule ... errors are fixable and covered ... resubmits are covered ...

2) You fail background ... if its a NICS error ... that can be fixed ... resubmit ... if you fail because you are a felon or not supposed to have access to firearms ... well ... you got bigger problems to think about at that point ... I don't think we want felons to own firearms now do we?
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Again, you are in possession of what they say is a SBR upon application.

Removing it upon denial does not make that go away.


@Vic_Crown ... have you read the rule ... if you have or not clear about it ... re-read it ... again ... again ... until you have informed yourself ...

I am on my 4th NFA item ... so this isn't anything really new to me ...

Again...you get denied for 2 reasons

1) An application error ... no problem ... you can fixed that ... resubmit and still be compliant with the rule ... stated in the rule ... errors are fixable and covered ... resubmits are covered ...

2) You fail background ... if its a NICS error ... that can be fixed ... resubmit ... if you fail because you are a felon or not supposed to have access to firearms ... well ... you got bigger problems to think about at that point ... I don't think we want felons to own firearms now do we?
The important question, is Does an incomplete Back Ground Check(88+days) leave you in category 1 or 2?
Link Posted: 1/21/2023 4:38:42 PM EST
[#3]
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Not only that.. you gave them all the evidence they need to arrest you and put you jail.   That is how this is NOT like any other form 1 application.  

@thehun06, Not sure why you are trying to make it seem like it's a regular form 1 process because it's bloody well not.  You've given a trigger happy, family and children killing agency proof that you are felon, what the fuck do you think they are going to do with that information?  You think they are you fucking friends?  That they will let it slide?  No... they only exist to put you in jail and if they happen to kill you and your dog in the process, they will lose no sleep over it.
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@nexttime well you do you ... but I won't stand for people that gaslight like on the 88 days thing when they don't themselves understand NFA ... or NCIS ... or backgrounds ...

There is zero admission of guilt ... you do admit to pursuing compliance to the new rule by filling out a form1 (first of all, personally, I wouldn't be filling out NFA items if I didn't think I could pass the muster) ... you have six options once the 120 day count down starts after it hits the Federal Register ... each need to do as best fits you:

1) Form 1 either regular or tax-exempt...your choice
2) Destroy your brace
3) Destroy your firearm
4) Install a 16" barrel
5) Turn in your firearm to the ATF
6) Non-Compliance

Again...not rocket science...but unless the courts strike it down..that is the plan...you pick which route you go...

BUT, I think it is absolutely ridiculous for people to jump on ones that are going to go the Form 1 route (tax exempt or not) ... what is also more ridiculous is spreading fakery on processes that do not exist ... just like the GOA attorney who spread this thing like wildfire about the 88 days ... all the YT people were like THEY GOT US ... then the GOA attorney got proven wrong about the 88 days ...
Link Posted: 1/21/2023 4:40:33 PM EST
[#4]
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REGARDLESS of the reason for denial - you are already in possession ( or were ) at the point that you are denied.
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@Vic_Crown that is false ... read the rule ...

IF YOU GET DENIED ON AN APPLICATION ERROR...YOU ARE NOT IN VIOLATION...

If you get denied because your background sucks...good job on the darwin award...
Link Posted: 1/21/2023 4:43:48 PM EST
[#5]
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You forgot one:
3) The BATF thinks they have reason to believe the SBR may have been acquired or built after the ruling hit the federal register. Any braced weapon that was NOT possessed or constructed PRIOR to the ruling hitting the register (NOT "before the end of the 120 day amnesty period") does NOT qualify for amnesty nor the waiver of the "free" stamp.  *IF* that is found to be the case, you've already submitted an official doc admitting to the felony.

This is NOT like a standard SBR form where you are prohibited from possessing or constructing the SBR until you have stamp in hand.  In this Pistol Brace situation, you are formally and officially admitting you have an unregistered SBR already in hand, and are applying for amnesty registration so that you are not charged with the crime you have already committed.
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@Vic_Crown ... have you read the rule ... if you have or not clear about it ... re-read it ... again ... again ... until you have informed yourself ...
I am on my 4th NFA item ... so this isn't anything really new to me ...
Again...you get denied for 2 reasons
1) An application error ... no problem ... you can fixed that ... resubmit and still be compliant with the rule ... stated in the rule ... errors are fixable and covered ... resubmits are covered ...
2) You fail background ... if its a NICS error ... that can be fixed ... resubmit ... if you fail because you are a felon or not supposed to have access to firearms ... well ... you got bigger problems to think about at that point ... I don't think we want felons to own firearms now do we?

You forgot one:
3) The BATF thinks they have reason to believe the SBR may have been acquired or built after the ruling hit the federal register. Any braced weapon that was NOT possessed or constructed PRIOR to the ruling hitting the register (NOT "before the end of the 120 day amnesty period") does NOT qualify for amnesty nor the waiver of the "free" stamp.  *IF* that is found to be the case, you've already submitted an official doc admitting to the felony.

This is NOT like a standard SBR form where you are prohibited from possessing or constructing the SBR until you have stamp in hand.  In this Pistol Brace situation, you are formally and officially admitting you have an unregistered SBR already in hand, and are applying for amnesty registration so that you are not charged with the crime you have already committed.


LOL ... well ... if you do not follow the possession date rules ... an lie about it ... well that is on you ... and no one else ...
Link Posted: 1/21/2023 4:45:33 PM EST
[#6]
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But it is not the same.  If you get delayed on a 4473 and 3 days elapse, the gun shop has the option to proceed with the transaction.  With NFA, you don't know until you get a denial letter for the status being "OPEN" for 88 days.  And the "OPEN" status may have nothing to actually do with you aside from having a common name but the FBI is too busy doing other shit, like making up more Russiagate documents.
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If you have a common name ... use your freakin' SS# ... I don't have a common name ... and I still use my SS# when submitting NFA items to avoid delays ... this is NFA 101
Link Posted: 1/21/2023 4:46:48 PM EST
[#7]
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Why is the process so damn long? For any NFA stuff. If they're relying on same background system we use for firearms why isn't NFA approval 5 min? What is the time consuming part?
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@mooreshawnm ... simple answer .. man power ... staffing ... its a manual process ... the actual processing your NFA paperwork once the examiner gets it ... as long as your background is solid ... is mere minutes ...
Link Posted: 1/21/2023 4:46:55 PM EST
[#8]
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@Vic_Crown that is false ... read the rule ...

IF YOU GET DENIED ON AN APPLICATION ERROR...YOU ARE NOT IN VIOLATION...

If you get denied because your background sucks...good job on the darwin award...
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REGARDLESS of the reason for denial - you are already in possession ( or were ) at the point that you are denied.


@Vic_Crown that is false ... read the rule ...

IF YOU GET DENIED ON AN APPLICATION ERROR...YOU ARE NOT IN VIOLATION...

If you get denied because your background sucks...good job on the darwin award...


If you get denied because they believe you did not have a brace when you applied ?

Or it was not attached to the pistol ?

Or you are using the same brace to get free stamps on a few lowers ?
Link Posted: 1/21/2023 4:49:06 PM EST
[#9]
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LOL ... well ... if you do not follow the possession date rules ... an lie about it ... well that is on you ... and no one else ...
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Exactly.   Just pointing out your list was incomplete and left out a significant factor, given that I'm sure a lot of people applying for amnesty do not possess complete records of purchase and manufacturing dates for their braced pistols.  You may prove via 4473 that you bought a lower (if you bought it new instead of private party),  but how do you prove you added a brace to that lower (or pistol) before the date the ruling hit the register?

Unless this is one of those deals where BATF just takes every word you put on the application at face value, and doesn't even think of validating it?
Link Posted: 1/21/2023 4:49:34 PM EST
[#10]
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If you get denied because they believe you did not have a brace when you applied ?

Or it was not attached to the pistol ?

Or you are using the same brace to get free stamps on a few lowers ?
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@Vic_Crown If you don't have proof of any of that ... and didn't see this coming to this ... that is on you again ...

NFA Div can call me and I can provide sales receipts and my 4473 when I received my brace pistol prior to Jan 13 ... if you don't ... well ... you lied ... that is on you ...

Again ... read all info before submitting or anything ...
Link Posted: 1/21/2023 4:50:25 PM EST
[#11]
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There is zero admission of guilt ... you do admit to pursuing compliance to the new rule by filling out a form1 (first of all, personally, I wouldn't be filling out NFA items if I didn't think I could pass the muster) ... you have six options once the 120 day count down starts after it hits the Federal Register ... each need to do as best fits you:
.
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@thehun06

Now we see you are a shill for the ATF.  The ATF doc shows that you are admitting your a felon when you fill out that form.   The ATF will not give you the free stamp, unless you admit to them and the world you are breaking the law.
Link Posted: 1/21/2023 4:50:31 PM EST
[#12]
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You forgot one:
3) The BATF thinks they have reason to believe the SBR may have been acquired or built after the ruling hit the federal register. Any braced weapon that was NOT possessed or constructed PRIOR to the ruling hitting the register (NOT "before the end of the 120 day amnesty period") does NOT qualify for amnesty nor the waiver of the "free" stamp.  *IF* that is found to be the case, you've already submitted an official doc admitting to the felony.

This is NOT like a standard SBR form where you are prohibited from possessing or constructing the SBR until you have stamp in hand.  In this Pistol Brace situation, you are formally and officially admitting you have an unregistered SBR already in hand, and are applying for amnesty registration so that you are not charged with the crime you have already committed.
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Many states require short barrelled rifles to be in the federal registry, documented by the approved tax stamp form. As soon as this rule goes into effect, either day of publishing or 120 days after, the feds tax forebearance does not have to be honored or observed by local or state prosecutors.  In their Shot Show seminar ATF already displayed indifference to non-federal violations CREATED by this reclassification Chinese finger trap.
Link Posted: 1/21/2023 4:50:38 PM EST
[#13]
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After the 120 days...IF you decide to be non-compliant and keep it a brace pistol...The pistol itself is not illegal without a brace on it even after the 120 days....if you attach a brace to it...and its not on a form 1...it is non-compliant...based on this rule...which I do not like either...but at least I see how the framework laid out...we will have a choice to make within 120 days ... or after the 120 days ... that decision is solely on you ...
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The 88 days its what stoped me doing mine. I will be honest it scares the heck out of me. I am to old and have to much invested to go to prison for a s&W mp15-p the only ar pistol I own which I got on a whim at the local gun shop to help him out cause he could not sell it and I was already picking up something else.  heck throw it on, it will be fun for the kids/grandkids. all because I am past 88 days and its sit on someones desk and its taking to long to process cause nics ends up being down.

so here I am stuck with it now. with no course of action since its even called out by name and picture in the FAQ as a SBR. do I sell it off to some body. remove the brace. dont think that will work since it doesnt need the buffer tube to work. so what do people like me and others do..... all the people in states that dont allow sbr. heck if this would have been years ago I would not even be able to file for the free sbr since mo required some form of FFL to have class 3 stuff.  this is what I want answered is what do we do. with out the hoopla I just want answers and help.

1. I mean I cant switch the upper. S&W will not sell just a 16 inch upper, or barrel
2. take off the brace....dont know if that will work since the 22 doesnt need the buffer tube to function. it has a fake one. but you cannot remove the tube cause its fake and molded to the lower.
3. file and pray I dont mess up the form, and I get approved in 88 days.
4. sell it to someone and put them in the bind...I cant do this.
5. perm attach a device to bring it up to 16.. which there is only a couple on the market thats over 9 inches. which is really going look stupid.
6.destroy the whole gun..550 bucks gone I am not one of the afrcom rich people. 550 is good money to me.

so what do we do...


@rmdye the 88 days scare is just that. It is no way different than 88 days on your 4473. NFA doesn’t start your background on submission…your background starts just like on a 4473…when the examiner has your file and processes for approval. Just like when your FFL submits your background when buying a gun.

Again. I don’t like this either but understand the framework we operate in.


How many illegal guns have you tried to buy on a 4473?


So are you saying the pistol configs you have are illegal?

Lol. The pistol you posses now and after whatever 120 days remains a pistol…if you attach a brace…that’s on you and all of us. It’s not hard to understand.

If you get denied a NFA check for a background…you need to clear up whatever is on there or you are a felon. YOU CAN STILL REAPPLY after a denial and be in compliance with a brace pistol. But if your background gets flagged for a felony…it should trigger an enforcement action as you can’t posses firearms as felon.


I have stamped SBR’s, not pistols.

The pistols in question will be considered illegal unregistered SBR’s once their made up “rule” is published.

This isn’t hard.


ONLY IF YOU HAVE THE BRACE ATTACHED TO THEM AFTER THE 120 days…IF YOU DO NOT HAVE THE BRACE ON IT…IT IS STILL A FREAKIN’ PISTOL…

If one chooses to keep the brace on after the 120 days and they didn’t start a form 1 process then yes. They will be considered having an unregistered SBR with the brace on it.

IF YOU DO NOT have said brace attached to firearm. It remains a pistol.

IF YOU REGISTERED the pistol either within the rule with tax exemption or regular…you have a registered SBR…

Not sure what is so hard to understand…


As of the date it’s filed with the registry, not 120 days.


Correct. The 120 day countdown starts after in the Federal Register…


Correct, and braced pistols are illegal on day 1.


After the 120 days...IF you decide to be non-compliant and keep it a brace pistol...The pistol itself is not illegal without a brace on it even after the 120 days....if you attach a brace to it...and its not on a form 1...it is non-compliant...based on this rule...which I do not like either...but at least I see how the framework laid out...we will have a choice to make within 120 days ... or after the 120 days ... that decision is solely on you ...



You cannot legally buy a braced pistol after the rule is registered. Day 1. The 120 days is the tax forbearance period.
Link Posted: 1/21/2023 4:52:15 PM EST
[#14]
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Exactly.   Just pointing out your list was incomplete and left out a significant factor, given that I'm sure a lot of people applying for amnesty do not possess complete records of purchase and manufacturing dates for their braced pistols.  
Unless this is one of those deals where BATF just takes every word you put on the application at face value, and doesn't even think of validating it?
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LOL ... well ... if you do not follow the possession date rules ... an lie about it ... well that is on you ... and no one else ...

Exactly.   Just pointing out your list was incomplete and left out a significant factor, given that I'm sure a lot of people applying for amnesty do not possess complete records of purchase and manufacturing dates for their braced pistols.  
Unless this is one of those deals where BATF just takes every word you put on the application at face value, and doesn't even think of validating it?


People need to read the rules if they are stepping into the game ...

If you can't prove you had it braced prior to Jan 13 ... how you proceed is on you ... but I was under the impression that people arguing this read the rule, understood the rule...and the date required for having a braced pistol was already there ...

Again ... READ THE FREAKING RULES people (not you @Kent)...I am talking in general...
Link Posted: 1/21/2023 4:53:15 PM EST
[#15]
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https://i.imgur.com/yXRjdvr.jpg

@thehun06

Now we see you are a shill for the ATF.  The ATF doc shows that you are admitting your a felon when you fill out that form.   The ATF will not give you the free stamp, unless you admit to them and the world you are breaking the law.
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@nexttime ... that isn't an admission of being a felon ...
Link Posted: 1/21/2023 4:54:01 PM EST
[#16]
Multiple folks here lost solvent traps.  One lost a grenade body.  ?@ben? (But I think he got it back.)

What did they have in common, they trusted the fATF.
Link Posted: 1/21/2023 4:54:09 PM EST
[#17]
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yes, totally agree.
fuck their SCAM amnesty. this isnt 1986 anymore. take it apart. doesnt matter its its day 119.
its apart non NFA item. then register it on a Form 1. how ever long it takes who cares. and they arent going to rush.

or if you dont want to go NFA attach a cool looking fake can on it and be done.


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yes, totally agree.
fuck their SCAM amnesty. this isnt 1986 anymore. take it apart. doesnt matter its its day 119.
its apart non NFA item. then register it on a Form 1. how ever long it takes who cares. and they arent going to rush.

or if you dont want to go NFA attach a cool looking fake can on it and be done.

Quoted:

They can and will sit on it and they will blame the "huge backlog".  What recourse do you have if they do sit it past the 88 days?  Write a letter?  You've already admitted you are felon in possession of an SBR.   Nolo asked them this question and the reply from the ATF is that they would start their standard enforcement procedure.  How much clearer do you need to hear it?  This is a trap.



It’s not an amnesty period, they aren’t “forgiving” shit. It’s a tax forbearance period.


Link Posted: 1/21/2023 4:57:41 PM EST
[#18]
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You cannot legally buy a braced pistol after the rule is registered. Day 1. The 120 days is the tax forbearance period.
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@TriggerGSP it comes down to ... you can be compliant ... or you will not be compliant ... choice is yours ...

Your pistol will remain a pistol if you do not register it and you destroy your brace ...

Your braced pistol which you possessed prior to Jan 13 when registered on a Form 1  will become a SBR

Your braced pistol if you pick to be non-compliant after the rule hits the Register will make you a felon

Pick your options ...

If you pick form 1 tax-exempt ... learn your perimeters and prerequisites

Link Posted: 1/21/2023 4:59:51 PM EST
[#19]
Anyways...good luck all...I am out...for now...

Link Posted: 1/21/2023 5:02:02 PM EST
[#20]
I don’t understand this at all. If I have a registered SBR, wouldn’t it make all branch crap a moot point? Like a cow’s opinion. It doesn’t matter and it’s moo.
Link Posted: 1/21/2023 5:04:18 PM EST
[#21]
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Owning a braced pistol is a pretty defensible position to be in. The others, not so much.
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Is it?  Or us the perception of being defensible.

I’m not abdicating breaking the law or not, but there definitely a difference in level of respect and fear between, getting caught with a bump stock, brace, FRT, SBR, suppressor and machine gun (in that order).  The ATF treats you the same and the penalties are the same.

People have boating accidents everyday with bump stocks, but shit themselves like John Wicks coming when they think of hiding a machine gun.
Link Posted: 1/21/2023 5:05:47 PM EST
[#22]
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Rarely are first time offenders (felons) prosecuted at the fed level for gun violations. I would guess about 1% of our gun cases ever go to fed prosecution.
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38.5% of all inmates in federal prisons are black which is racist according to the race baiters. The DOJ is taking a lot of heat from the race baiters as a result. So the DOJ is doing everything they can to get that number down, and the best way they can do that is to declare white Trump supporters the greatest threat to the nation and stop putting black people in prison.  Do you want to be a white conservative going up in front of an Obama appointed judge on an NFA violation? Not me Jack!


Rarely are first time offenders (felons) prosecuted at the fed level for gun violations. I would guess about 1% of our gun cases ever go to fed prosecution.


It didn't work out that way for this guy that got sentenced to 21 months in federal prison for his unregistered SBR. He was a 911 dispatcher, and even though his cop buddies vouched for him, they still put him in prison for 21 months. He had no previous arrests and seem to be a good guy having fun shooting his unregistered SBR.  Then he got hooked up with an undercover FBI agent and asked her to go shooting with him.

If they put this guy in prison for 21 months after cops vouch for him, how long would they put you in prison for an unregistered SBR?



https://www.thetruthaboutguns.com/anatomy-of-an-fbi-terrorism-sting-convicting-a-former-911-operator-of-a-national-firearms-act-felony/
Link Posted: 1/21/2023 5:07:12 PM EST
[#23]
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People need to read the rules if they are stepping into the game ...

If you can't prove you had it braced prior to Jan 13 ... how you proceed is on you ... but I was under the impression that people arguing this read the rule, understood the rule...and the date required for having a braced pistol was already there ...

Again ... READ THE FREAKING RULES people (not you @Kent)...I am talking in general...
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LOL ... well ... if you do not follow the possession date rules ... an lie about it ... well that is on you ... and no one else ...

Exactly.   Just pointing out your list was incomplete and left out a significant factor, given that I'm sure a lot of people applying for amnesty do not possess complete records of purchase and manufacturing dates for their braced pistols.  
Unless this is one of those deals where BATF just takes every word you put on the application at face value, and doesn't even think of validating it?


People need to read the rules if they are stepping into the game ...

If you can't prove you had it braced prior to Jan 13 ... how you proceed is on you ... but I was under the impression that people arguing this read the rule, understood the rule...and the date required for having a braced pistol was already there ...

Again ... READ THE FREAKING RULES people (not you @Kent)...I am talking in general...


You are admitting that this "amnesty" is a fucking huge trap that will turn millions of law abiding citizens into felons over night at the behest of a leftist rights hating administration.  Thanks for finally admitting that.
Link Posted: 1/21/2023 5:07:16 PM EST
[#24]
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People need to read the rules if they are stepping into the game ...

If you can't prove you had it braced prior to Jan 13 ... how you proceed is on you ... but I was under the impression that people arguing this read the rule, understood the rule...and the date required for having a braced pistol was already there ...

Again ... READ THE FREAKING RULES people (not you @Kent)...I am talking in general...
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LOL ... well ... if you do not follow the possession date rules ... an lie about it ... well that is on you ... and no one else ...

Exactly.   Just pointing out your list was incomplete and left out a significant factor, given that I'm sure a lot of people applying for amnesty do not possess complete records of purchase and manufacturing dates for their braced pistols.  
Unless this is one of those deals where BATF just takes every word you put on the application at face value, and doesn't even think of validating it?


People need to read the rules if they are stepping into the game ...

If you can't prove you had it braced prior to Jan 13 ... how you proceed is on you ... but I was under the impression that people arguing this read the rule, understood the rule...and the date required for having a braced pistol was already there ...

Again ... READ THE FREAKING RULES people (not you @Kent)...I am talking in general...


The burden is on them to prove you didn’t. No one knew they would have to keep records.
Link Posted: 1/21/2023 5:07:48 PM EST
[#25]
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@nexttime ... that isn't an admission of being a felon ...
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That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    
Link Posted: 1/21/2023 5:08:09 PM EST
[#26]
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Drilling that third hole has the same legal ramifications, but there's literally 0 benefit to doing it unless you have the requisite parts to utilize it.  ATF considers the lower to be a machinegun even in the absence of those parts. Merely marking the correct location is sufficient for them to declare it a machinegun.
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Yet people will remove and hide bump stock, FRT, braces, high capacity magazines, like they are stick’n it to the man.  Not machine guns, and to lessor extent suppressors.

Maybe it’s the bravado of saying fuck the ATF, I’m going boating with my bump stock.  Maybe they are more scared and keep their pie holes shut about their machine guns.
Link Posted: 1/21/2023 5:08:57 PM EST
[#27]
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@TriggerGSP it comes down to ... you can be compliant ... or you will not be compliant ... choice is yours ...

Your pistol will remain a pistol if you do not register it and you destroy your brace ...

Your braced pistol which you possessed prior to Jan 13 when registered on a Form 1  will become a SBR

Your braced pistol if you pick to be non-compliant after the rule hits the Register will make you a felon

Pick your options ...

If you pick form 1 tax-exempt ... learn your perimeters and prerequisites

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You cannot legally buy a braced pistol after the rule is registered. Day 1. The 120 days is the tax forbearance period.


@TriggerGSP it comes down to ... you can be compliant ... or you will not be compliant ... choice is yours ...

Your pistol will remain a pistol if you do not register it and you destroy your brace ...

Your braced pistol which you possessed prior to Jan 13 when registered on a Form 1  will become a SBR

Your braced pistol if you pick to be non-compliant after the rule hits the Register will make you a felon

Pick your options ...

If you pick form 1 tax-exempt ... learn your perimeters and prerequisites



100% incorrect.
Link Posted: 1/21/2023 5:09:57 PM EST
[#28]
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I won't stand for people that gaslight

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FIFY




Link Posted: 1/21/2023 5:10:14 PM EST
[#29]
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Is it?  Or us the perception of being defensible.

I’m not abdicating breaking the law or not, but there definitely a difference in level of respect and fear between, getting caught with a bump stock, brace, FRT, SBR, suppressor and machine gun (in that order).  The ATF treats you the same and the penalties are the same.

People have boating accidents everyday with bump stocks, but shit themselves like John Wicks coming when they think of hiding a machine gun.
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Owning a braced pistol is a pretty defensible position to be in. The others, not so much.


Is it?  Or us the perception of being defensible.

I’m not abdicating breaking the law or not, but there definitely a difference in level of respect and fear between, getting caught with a bump stock, brace, FRT, SBR, suppressor and machine gun (in that order).  The ATF treats you the same and the penalties are the same.

People have boating accidents everyday with bump stocks, but shit themselves like John Wicks coming when they think of hiding a machine gun.


There are approval letters everywhere. I’d say that’s a good starting point. Maybe not fool proof, but better than the other examples.
Link Posted: 1/21/2023 5:10:26 PM EST
[#30]
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Because right now, or yesterday, or even last week, shit two years ago, someone bought an AR pistol equipped with a brace, legally. They filled out the 4473, passed NICS and went on their merry way. If their life doesn't include online gun stuff, they have no idea that 120 days after this gets published, they're a felon. They changed nothing about the pistol, didn't lie on the 4473, and didn't shoot a bus full of nuns or people that disrespected them, but that doesn't matter. That's why this is bullshit.

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Not the point.  You’re correct, a vast majority of brace owners don’t know what’s going on yet.

My question relates to people that say, fuck it, will not comply.  I don’t hear that about machine guns.
Link Posted: 1/21/2023 5:10:37 PM EST
[#31]
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Is it?  Or us the perception of being defensible.

I’m not abdicating breaking the law or not, but there definitely a difference in level of respect and fear between, getting caught with a bump stock, brace, FRT, SBR, suppressor and machine gun (in that order).  The ATF treats you the same and the penalties are the same.

People have boating accidents everyday with bump stocks, but shit themselves like John Wicks coming when they think of hiding a machine gun.
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Because braces are more widespread then all of them combined, and because there are at least a dozen approval letters from the ATF over the last decade that said braces do not make pistols SBR's.  There is no current codified law banning braces, just the ATF's latest interpretation and revision.

BTW, I fought against bumpstocks bans as well.
Link Posted: 1/21/2023 5:12:42 PM EST
[#32]
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That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    
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@nexttime ... that isn't an admission of being a felon ...

That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    


Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....
Link Posted: 1/21/2023 5:14:16 PM EST
[#33]
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Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....
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@nexttime ... that isn't an admission of being a felon ...

That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    


Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....


Where do they call it amnesty? I’m pretty sure they call it tax forbearance.
Link Posted: 1/21/2023 5:14:37 PM EST
[#34]
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Not the point.  You’re correct, a vast majority of brace owners don’t know what’s going on yet.

My question relates to people that say, fuck it, will not comply.  I don’t hear that about machine guns.
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Because right now, or yesterday, or even last week, shit two years ago, someone bought an AR pistol equipped with a brace, legally. They filled out the 4473, passed NICS and went on their merry way. If their life doesn't include online gun stuff, they have no idea that 120 days after this gets published, they're a felon. They changed nothing about the pistol, didn't lie on the 4473, and didn't shoot a bus full of nuns or people that disrespected them, but that doesn't matter. That's why this is bullshit.



Not the point.  You’re correct, a vast majority of brace owners don’t know what’s going on yet.

My question relates to people that say, fuck it, will not comply.  I don’t hear that about machine guns.

Ah, my bad.
Link Posted: 1/21/2023 5:14:44 PM EST
[#35]
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@Vic_Crown this is where reading the rule and reading over and over again helps...really the only way for a NFA submittal to be denied is 1) an error on your form that you fill out...which you can resubmit and still be in compliance (stated within the FAQ) 2) you get denied because you can't pass a background ... but if you can pass a 4473 ... its the same NCIS check ...

Anyways...but say you get denied other than being a felony...you at that point can either A) resubmit or B) not submit, destroy the brace and move on or C) install a 16" barrel and a stock ...

It is really not rocket science...
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The 88 days its what stoped me doing mine. I will be honest it scares the heck out of me. I am to old and have to much invested to go to prison for a s&W mp15-p the only ar pistol I own which I got on a whim at the local gun shop to help him out cause he could not sell it and I was already picking up something else.  heck throw it on, it will be fun for the kids/grandkids. all because I am past 88 days and its sit on someones desk and its taking to long to process cause nics ends up being down.

so here I am stuck with it now. with no course of action since its even called out by name and picture in the FAQ as a SBR. do I sell it off to some body. remove the brace. dont think that will work since it doesnt need the buffer tube to work. so what do people like me and others do..... all the people in states that dont allow sbr. heck if this would have been years ago I would not even be able to file for the free sbr since mo required some form of FFL to have class 3 stuff.  this is what I want answered is what do we do. with out the hoopla I just want answers and help.

1. I mean I cant switch the upper. S&W will not sell just a 16 inch upper, or barrel
2. take off the brace....dont know if that will work since the 22 doesnt need the buffer tube to function. it has a fake one. but you cannot remove the tube cause its fake and molded to the lower.
3. file and pray I dont mess up the form, and I get approved in 88 days.
4. sell it to someone and put them in the bind...I cant do this.
5. perm attach a device to bring it up to 16.. which there is only a couple on the market thats over 9 inches. which is really going look stupid.
6.destroy the whole gun..550 bucks gone I am not one of the afrcom rich people. 550 is good money to me.

so what do we do...


@rmdye the 88 days scare is just that. It is no way different than 88 days on your 4473. NFA doesn’t start your background on submission…your background starts just like on a 4473…when the examiner has your file and processes for approval. Just like when your FFL submits your background when buying a gun.

Again. I don’t like this either but understand the framework we operate in.


How many illegal guns have you tried to buy on a 4473?


So are you saying the pistol configs you have are illegal?

Lol. The pistol you posses now and after whatever 120 days remains a pistol…if you attach a brace…that’s on you and all of us. It’s not hard to understand.

If you get denied a NFA check for a background…you need to clear up whatever is on there or you are a felon. YOU CAN STILL REAPPLY after a denial and be in compliance with a brace pistol. But if your background gets flagged for a felony…it should trigger an enforcement action as you can’t posses firearms as felon.


I have stamped SBR’s, not pistols.

The pistols in question will be considered illegal unregistered SBR’s once their made up “rule” is published.

This isn’t hard.


ONLY IF YOU HAVE THE BRACE ATTACHED TO THEM AFTER THE 120 days…IF YOU DO NOT HAVE THE BRACE ON IT…IT IS STILL A FREAKIN’ PISTOL…

If one chooses to keep the brace on after the 120 days and they didn’t start a form 1 process then yes. They will be considered having an unregistered SBR with the brace on it.

IF YOU DO NOT have said brace attached to firearm. It remains a pistol.

IF YOU REGISTERED the pistol either within the rule with tax exemption or regular…you have a registered SBR…

Not sure what is so hard to understand…


But you can only apply for the free stamp if your pistol has a brace fitted ?

If it was fitted then you are denied, removing it does not "cure" the fact you had a SBR when you applied.


@Vic_Crown this is where reading the rule and reading over and over again helps...really the only way for a NFA submittal to be denied is 1) an error on your form that you fill out...which you can resubmit and still be in compliance (stated within the FAQ) 2) you get denied because you can't pass a background ... but if you can pass a 4473 ... its the same NCIS check ...

Anyways...but say you get denied other than being a felony...you at that point can either A) resubmit or B) not submit, destroy the brace and move on or C) install a 16" barrel and a stock ...

It is really not rocket science...

There are a number of people who "time out" the NICS every single time they buy a gun and receive it on the caveat that the FFL may deliver the gun on the third business day. It's usually due to missing, incomplete, or ambiguous court records and the FBI can't resolve the file sufficiently to say they're prohibited.

Some big box retailers have stopped delivering firearms on the third day and wait for the official proceed, even if it never comes.

Your only option if you time-out the NFA check is to attempt to purchase a Title I firearm, wait for it to time out, appeal to the FBI, then they'll actually look into your file and resolve the issue.  Then you give the NFA branch your FBI number and can buy Title II firearms, over six months later.

Kharn
Link Posted: 1/21/2023 5:15:31 PM EST
[#36]
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It didn't work out that way for this guy that got that got his church burned down and congregation murdered after an ATF teem building exercise turned into a SWAT'ing to save face :lol:


 
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FIFY
Link Posted: 1/21/2023 5:17:56 PM EST
[#37]
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There are approval letters everywhere. I’d say that’s a good starting point. Maybe not fool proof, but better than the other examples.
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Yes and I’d agree that you would have an argument in a court case.  But breaking the law because it wasn’t before and you chose not to follow the current isn’t a good defense either.  It would be a defense for having a law reversed.

But is the bravado going on here due to what you’re suggesting or general lack of respect for certain ATF interpretations.  

The ATF is slowly making themselves irrelevant.
Link Posted: 1/21/2023 5:17:59 PM EST
[#38]
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Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....
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@nexttime ... that isn't an admission of being a felon ...

That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    


Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....

But the kicker is...wait for it...we are the only ones throwing around the word amnesty...meaning...
Link Posted: 1/21/2023 5:18:55 PM EST
[#39]
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It didn't work out that way for this guy that got sentenced to 21 months in federal prison for his unregistered SBR. He was a 911 dispatcher, and even though his cop buddies vouched for him, they still put him in prison for 21 months. He had no previous arrests and seem to be a good guy having fun shooting his unregistered SBR.  Then he got hooked up with an undercover FBI agent and asked her to go shooting with him.

If they put this guy in prison for 21 months after cops vouch for him, how long would they put you in prison for for an unregistered SBR?



https://www.thetruthaboutguns.com/anatomy-of-an-fbi-terrorism-sting-convicting-a-former-911-operator-of-a-national-firearms-act-felony/
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He didn't hook up with an undercover FBI agent, he was set up by an FBI informant/honeypot that was getting squeezed by ICE.

What sucks is that if he would have had a brace on it (or SBR'd it), he would have been fine, especially since he already had two registered suppressors.
Link Posted: 1/21/2023 5:20:57 PM EST
[#40]
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Exactly, my personal theory is that @thehun06 is actually an AFT agent or just an informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....
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@nexttime ... that isn't an admission of being a felon ...

That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    


Exactly, my personal theory is that @thehun06 is actually an AFT agent or just an informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....


Wow. So me trying to help clear air is me being an ATF agent or a schill…you all can go pound sand…what a great community to be in huh.

No you don’t admit guilt…many of just can’t comprehend basic written English…

Good luck. I’m out.
Link Posted: 1/21/2023 5:21:01 PM EST
[#41]
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Because braces are more widespread then all of them combined, and because there are at least a dozen approval letters from the ATF over the last decade that said braces do not make pistols SBR's.  There is no current codified law banning braces, just the ATF's latest interpretation and revision.

BTW, I fought against bumpstocks bans as well.
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Yes, that makes me angry.  But the bravado isn’t an anger release. It’s a complete disrespect for the rule.  

People are straight up afraid to get caught with a machine gun.  Like they don’t say machine gun 3 time in the mirror.

It seems odd, we should all be just as pissed off about that as well.
Link Posted: 1/21/2023 5:21:05 PM EST
[#42]
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Yes and I’d agree that you would have an argument in a court case.  But breaking the law because it wasn’t before and you chose not to follow the current isn’t a good defense either.  It would be a defense for having a law reversed.

But is the bravado going on here due to what you’re suggesting or general lack of respect for certain ATF interpretations.  

The ATF is slowly making themselves irrelevant.
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There are approval letters everywhere. I’d say that’s a good starting point. Maybe not fool proof, but better than the other examples.


Yes and I’d agree that you would have an argument in a court case.  But breaking the law because it wasn’t before and you chose not to follow the current isn’t a good defense either.  It would be a defense for having a law reversed.

But is the bravado going on here due to what you’re suggesting or general lack of respect for certain ATF interpretations.  

The ATF is slowly making themselves irrelevant.



Just so I’m clear, I have zero respect for anything, or anyone related, or involved with government.
Link Posted: 1/21/2023 5:24:04 PM EST
[#43]
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Where do they call it amnesty? I’m pretty sure they call it tax forbearance.
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@nexttime ... that isn't an admission of being a felon ...

That sure looks like you are admitting (certifying) to having (what the ATF calls) an SBR.    


Exactly, my personal theory is that @thehun06 is actually an AFT agent or just a informant trying to work for some sort of credit to get out of trouble.  Once you submit that form as is, you are admitting you are felon WHICH IS WHY THEY CALL THIS AMNESTY....


Where do they call it amnesty? I’m pretty sure they call it tax forbearance.

Correct. They are not having an amnesty, which by statute is limited to 90 days.

There's a lot about this whole thing that's very fucky.
Link Posted: 1/21/2023 5:24:45 PM EST
[#44]
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If it’s JUST a tax, dealers should collect it like sales tax, and send it to the IRS. That should be as far as it goes though. No wait, or hoops to jump through.

It has nothing to do with JUST a tax though.
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Definitely the later option.

Getting all the way to the point where you can change the NFA, and then just doing a minor tweak when complete removal of a category is on the table seems rather silly, no?



Ideally but realistically to have any chance at all you'd have to compromise in congress.

The worst part of the ruling is that it doesn't really improve the vagueness of the statute at all. Arguably makes it worse.

Maybe a court could rule that life has got more complicated and in order to be enforced congress would have to fix it?

Dems would want it made worse but maybe we could get a net improvement?


A good change might be to make it more strictly a tax law and decentralize the processes.

If possible, take SBRs, SBSs, AOWs, and/or suppressors off altogether, but what can't be removed has the tax dropped down to $5.  Machine guns and DDs stay at $200, DD munitions drop to $5.  If possible, also try to eliminate the Hughes Amendment.

Tax stamps are issued by the SOT and are sent to them by the ATF (with records of what was sent; stamps would be serialized).  The new process would be you go to the SOT.  You fill out a form for what you want to make or transfer.  It has the serial number, make, model, and other info about the weapon so that it can be associated with a stamp, the name and basic personal info of the person (nothing beyond what you'd have on a 4473), and the recordholder's info (SOT) in case his records need to be accessed to verify the stamp was issued for the gun in question if it comes to that.  SOT calls in a NICS check and it gets treated like any other NICS check.  Once approved the tax is paid and the stamp is affixed to the form, the SOT records the number on his copy of the document, and a third copy and the tax collected goes to the ATF to be stored in case verification is needed but which would not be allowed to be accessed, otherwise, with criminal penalties for violations.  You then walk out with your item.  Engraving would only be required on a newly manufactured NFA item and not something merely converted.

Presumption would be that the tax was paid if encountered, and if there is reason to question it, then the paperwork and records may be looked at to determine whether or not there is a violation.  If a violation was discovered, the person could cure the situation by paying the tax plus a fine/penalty for previous failure to pay, fill out paperwork with the ATF or a designated SOT, and do the NICS check, and if approved, he's GTG.  If he refuses or engages in more serious violations (like unlicensed dealing and manufacturing for non-person use), only then do criminal penalties apply.  Also, no more constructive possession.

Some refinement of definitions might also be in order and ease of conversion should not make something that is not otherwise an NFA item into an NFA item.  Throw in an elimination of 922r while we're at it and any ability to do thing like ban import of barrels and receivers.  Also, get rid of "once an X, always an X" nonsense both domestically and for import purposes.  For example, if someone welds closed the third hole on an AR receiver, it becomes a Title 1 firearm again unless it would be an SBR or AOW as configured, instead.

This could be a decent reform, I think, if elimination is simply not an option, although maybe a sunset clause can be thrown in (has to be renewed every five years or it goes away and all records must be destroyed).  I also think the ATF would become a whole lot less zealous if catching you just means you have to pay a tax and a penalty and do paperwork with them and they have way less room to play fuck-fuck games with definitions and the like.


If it’s JUST a tax, dealers should collect it like sales tax, and send it to the IRS. That should be as far as it goes though. No wait, or hoops to jump through.

It has nothing to do with JUST a tax though.


Which is exactly what I proposed.

And yes, I know it was meant to be more than a tax; it was meant to be an end-run around the 2nd Amendment back when most everyone knew it to mean what it says (although that was ironically around the time that the Feds started to do whatever they pleased without regard for the Constitution).
Link Posted: 1/21/2023 5:25:32 PM EST
[#45]
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FIFY
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It didn't work out that way for this guy that got that got his church burned down and congregation murdered after an ATF teem building exercise turned into a SWAT'ing to save face :lol:

https://i.imgflip.com/2hq33a.gif
 


FIFY




Why do you keep making up quotes and falsely attributing them to me? I never posted that, and I never posted that image either. You clearly don't understand how the quote format works. Not surprising since you don't seem to understand much else either.
Link Posted: 1/21/2023 5:26:16 PM EST
[#46]
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Yes and I’d agree that you would have an argument in a court case.  But breaking the law because it wasn’t before and you chose not to follow the current isn’t a good defense either.  It would be a defense for having a law reversed.

But is the bravado going on here due to what you’re suggesting or general lack of respect for certain ATF interpretations.  

The ATF is slowly making themselves irrelevant.
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For me, yes.
I've tried to follow their rules, but they keep changing them.  They are operating way outside of their lane now.  This whole proposal is bunk for nearly a half dozen reasons.

1. Too big of a change from the last proposal.  Needs a new comment period.
2. ATF does not have ability create new/criminal law, only Congress does.
3. Law of Lenity of statue is ambiguous (it is not, but the ATF is trying to make it that way and provide their own definition)
4. Law of Lenity if rules are ambiguous (everything in the proposal is ambiguous)
5. After a decade and over a dozen approval letters, precedent has been set.
Link Posted: 1/21/2023 5:26:47 PM EST
[#47]
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100% incorrect.
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No it’s not.
Link Posted: 1/21/2023 5:27:06 PM EST
[#48]
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Why are those that are fuck this brace rule, fuck that bump stock rule, fuck the SBR pistol rule, fuck the FRT rule, not all fuck that 3rd hole rule.

Penalties are the same but there seems to be a definite increased level of fear based compliance to the 3rd hole rule.

Videos full of “fuck all that”, but not of fuck that 3rd hole. Seems like the 3rd hole instills fear of the ATF coming a knocking.
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It's not like bumpstock compliance was a home run for BATFE.

I wouldn't expect those who have them to post about it here though.
Link Posted: 1/21/2023 5:27:06 PM EST
[#49]
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Yet people will remove and hide bump stock, FRT, braces, high capacity magazines, like they are stick’n it to the man.  Not machine guns, and to lessor extent suppressors.

Maybe it’s the bravado of saying fuck the ATF, I’m going boating with my bump stock.  Maybe they are more scared and keep their pie holes shut about their machine guns.
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Drilling that third hole has the same legal ramifications, but there's literally 0 benefit to doing it unless you have the requisite parts to utilize it.  ATF considers the lower to be a machinegun even in the absence of those parts. Merely marking the correct location is sufficient for them to declare it a machinegun.


Yet people will remove and hide bump stock, FRT, braces, high capacity magazines, like they are stick’n it to the man.  Not machine guns, and to lessor extent suppressors.

Maybe it’s the bravado of saying fuck the ATF, I’m going boating with my bump stock.  Maybe they are more scared and keep their pie holes shut about their machine guns.

That would be my assumption for the ones who actually are in violation.  Having an unregistered one has been illegal for nearly a century.  Unlike the current situation with the others, that's well known and has been for a very long time.
Link Posted: 1/21/2023 5:27:31 PM EST
[#50]
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Yes and I’d agree that you would have an argument in a court case.  But breaking the law because it wasn’t before and you chose not to follow the current isn’t a good defense either.  It would be a defense for having a law reversed.

But is the bravado going on here due to what you’re suggesting or general lack of respect for certain ATF interpretations.  

The ATF is slowly making themselves irrelevant.
View Quote


Agreed. Ambiguous "bad" law breeds contempt for all law.
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