Pistol Brace Amnesty/Registration

[majormadmax]

Incorrect. You either have to upload an EFT or mail the prints in with the cover letter.

OK, the ATF accepted my application as I stated. But I guess you're smarter than the ATF!

 

[PinnedandRecessed]

That makes120 days, starting with January 31st.

That's all well and good but I'd wager it's going to jam a lot of people up. Common practice is a date cut off is at the end of a day, not minute number one. Sure it's the individuals responsibility to know but it's still a dick move.

 

[candcallen]

OK, the ATF accepted my application as I stated. But I guess you're smarter than the ATF!

Did you get the approval notice?

 

[TheMailMan]

Possible. May 31 is just around the corner.

ALSO, If any people are waiting till the last minute, the ATF is giving ya'll the middle finger and saying the deadline is at 12:01AM on May 31st (so really May 30th) NOT 11:59PM.

If you ask me, it's a dick move, but what do you expect?

English is tricky.

You have until 5/31/2023 to come into compliance. This means that on 5/31/2023 you need to be compliant.

Not THROUGH.

 

[TheMailMan]

OK, the ATF accepted my application as I stated. But I guess you're smarter than the ATF!

Did you get a cover letter with your email? You're supposed to send your physical prints in with that cover letter.

 

[TheMailMan]

Did you get the approval notice?

Accepted doesn't mean approved. madmax is going to be pissed when he gets that disapproval for not providing fingerprints, and I'll be he doesn't post when that happens.

 

[TheDan]

I don't really understand why people would be registering dozens of AR lowers. An AR is so easy to make into an SBR it doesn't really add any value. Makes sense if you were planning on building an SBR anyway to take advantage of it (or just to comply), but saving $200 is kind of irrelevant to the overall cost. If the plan is to transfer it in the future, the buyer would still have to pay it. Also since they aren't allowing these to be put in a trust your heirs would have to pay the transfer tax, too.

 

[Otto_Mation]

I don't really understand why people would be registering dozens of AR lowers. An AR is so easy to make into an SBR it doesn't really add any value. Makes sense if you were planning on building an SBR anyway to take advantage of it (or just to comply), but saving $200 is kind of irrelevant to the overall cost. If the plan is to transfer it in the future, the buyer would still have to pay it. Also since they aren't allowing these to be put in a trust your heirs would have to pay the transfer tax, too.

Registering lowers is not what you are supposed to be doing. You have to certify that you are registering a pistol (firearm) with a brace that was in your possession before Jan 31. Anyone that is just registering a lower is in violation and lied on the application.

Edited to add the following from the FAQ:

15. Is there a limit of how many firearms with a “stabilizing brace” that I can register as SBRs for free during the tax forbearance period? • The tax forbearance only pertains to the firearms with an attached “stabilizing brace” in your possession at the time the final rule is published. There is no limit on how many you may register, but owners in possession of these types of SBRs must register by May 31, 2023.

16. If my SBR is made after the date of publication of the final rule, can I still register it as an SBR for free during the tax forbearance period? • No. The registration options available to a possessor of such firearm applies to those possessed as of January 31, 2023.

 

[TheMailMan]

OK, the ATF accepted my application as I stated. But I guess you're smarter than the ATF!

There were two .pdf documents attached to the email that the ATF sent you when they accepted your application.

The smaller one is called a cover sheet.
The cover sheet says

Within 10 business days of submission of the referenced eForm application, the applicant must submit two completed fingerprint cards to the ATF address shown above. A copy of this cover letter MUST be submitted with the fingerprint cards:


So, explain to me again how you're not required to send in fingerprints.

 

[toddnjoyce]

Going off the long form version of the final rule.

Starting on page 67 it explains why the director of the ATF and the AG have the power and authority to determine and assess taxes due.
No it's not an amnesty. But the forbearance is legal.

Now that we’ve cleared the air on this, I haven’t said anything about tax forbearance isn’t legal. What I said is the final rule did not change 27 CFR 479.64.

For reference,

§ 479.64 Procedure for approval of application.

The application to make a firearm, Form 1 (Firearms), must be forwarded directly, in duplicate, by the maker of the firearm to the Director in accordance with the instructions on the form. The Director will consider the application for approval or disapproval. If the application is approved, the Director will return the original thereof to the maker of the firearm and retain the duplicate. Upon receipt of the approved application, the maker is authorized to make the firearm described therein. The maker of the firearm shall not, under any circumstances, make the firearm until the application, satisfactorily executed, has been forwarded to the Director and has been approved and returned by the Director with the National Firearms Act stamp affixed. If the application is disapproved, the original Form 1 (Firearms) and the remittance submitted by the applicant for the purchase of the stamp will be returned to the applicant with the reason for disapproval stated on the form.

ATF can forbear the tax, ATF can approve the F1. The maker shall not, under any circumstances, make the NFA item until the make has the approved F1 with NFA stamp affixed.

Plain as day and ATF commentary in the final rule is exceedingly clear on page 82.

However, so long as an affected individual submits an E-Form 1 application by May 31, 2023, the Department will, in its enforcement discretion, allow these persons to temporarily possess their firearms equipped with ‘‘stabilizing braces’’ that are unregistered short-barreled rifles until they receive a response from ATF on their application. After the submittal of the E-Form 1, individuals will receive a receipt; the receipt should be maintained until the individual receives a tax stamp.

ATF commentary, states the individual keep the receipt until a tax stamp is received. That commentary was not incorporated into the Code of Federal Regulations anywhere. That is a paper promise not to enforce 27 CFR 479.64 even though ATF requires a maker to have the stamp, affixed to the approval, to legally make the firearm.

This is why I chose my words on whether a tax stamp will ever be received carefully upthread. I’ve read the final rule and commentary. I’ve researched it. This final rule is impossible for a citizen to comply with AND be in compliance with existing laws and regulations at the federal level, which is why ATF sold that bill of goods known as enforcement discretion.

ATF could have codified this enforcement discretion in the code as a simple sub-paragraph or exception to 479.64 or ATF could have created a unique form like they did in 1968. ATF chose not to do that and created these other problems. I’ve vacillated on whether ATFs incompetency or evil intent was the primary factor in their response to concerns received in the NPRM comment period. I think large doses of both were injected and all I know is hope isn’t a plan.

 

[V-Tach]

. Also since they aren't allowing these to be put in a trust your heirs would have to pay the transfer tax, too.

Heirs fill out a Form 5 and are not charged a transfer tax.....usually approved within 30 days....

 

[TheDan]

Registering lowers is not what you are supposed to be doing. You have to certify that you are registering a pistol (firearm) with a brace that was in your possession before Jan 31. Anyone that is just registering a lower is in violation and lied on the application.

ah yes, I misspoke and don't want to imply that the people who have already mentioned submitting many to be registered are doing so with anything other than braced pistols

Heirs fill out a Form 5 and are not charged a transfer tax.....usually approved within 30 days....

good to know

 

[candcallen]

Is the oal with or without the brace?

 

[Otto_Mation]

Is the oal with or without the brace?

With the brace fully extended and do not include any removable muzzle devices in the OAL. Just out to the end of the threads.

 

[oldag]

Disappointed that this idiocy has not been stopped by the courts.

 

[candcallen]

Disappointed that this idiocy has not been stopped by the courts.

Yep me too.

 

[candcallen]

So I'll cave, set up my accounts will use silencer shop and hit a kiosk tomorrow.

It's my first time and I want a suppressor for the Ap5 anyways so I'm just gonna do it that way.

 

[Maverick44]

Disappointed that this idiocy has not been stopped by the courts.

I'm disappointed by how many are caving to this lunacy. I'd sooner pay the $200 tax or shove my gun into the shredder myself than take the ATF up on their bullshit offer. I'm not going to give their actions even the slightest appearance of legitimacy by complying with their amnesty bullshit. I'll keep my stuff legal, but I'll be damned if I'm going to do it in a way that they can point to and say "look how many people complied with our illegal bullshit".

 

[smittyb]

I'm disappointed by how many are caving to this lunacy. I'd sooner pay the $200 tax or shove my gun into the shredder myself than take the ATF up on their bullshit offer. I'm not going to give their actions even the slightest appearance of legitimacy by complying with their amnesty bullshit. I'll keep my stuff legal, but I'll be damned if I'm going to do it in a way that they can point to and say "look how many people complied with our illegal bullshit".

I agree with most of this.

 

[PinnedandRecessed]

English is tricky.

You have until 5/31/2023 to come into compliance. This means that on 5/31/2023 you need to be compliant.

Not THROUGH.

No, not tricky. Just a dick move. Not unlike some other things I've seen lately.