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Short barrel rifles

Posted on 3/5/23 at 7:26 am
Posted by Tiger Bend Tiger
Baton Rouge
Member since Feb 2007
719 posts
Posted on 3/5/23 at 7:26 am
Anyone have any useful news on the mandatory purchasing of a tax stamp on short barrel rifles (SBRs)/pistols with braces? Final registration dates before it becomes a felony? Upcoming lawsuit challenges?

Posted by Squirrelmeister
Member since Nov 2021
1874 posts
Posted on 3/5/23 at 8:16 am to
120 days after January 31, 2023 you become a felon if you do not remove your brace-equipped pistol unless the courts invalidate the new AFT law before that date. There’s no way the supremes will let the law stand, as the AFT cannot make law (see EPA v West Virginia, Chevron deference) and it violates Bruen, Heller, 2A, etc. However, unless a court puts an emergency stay on the AFT, it’s possible the law could take effect and not be struct down until after the 120 days has elapsed.

Do NOT under any circumstance register the brace-equipped pistol under the AFT’s amnesty. In doing so you would be admitting to a felony. Wait it out and do nothing yet, and if the amnesty period expires before the courts strike it down, simply remove the brace and “destroy” the brace.

Google the lawsuits.
Posted by Clames
Member since Oct 2010
16642 posts
Posted on 3/5/23 at 9:17 am to
Don't register shite. Given that the AFT has taken big L's two cases recently (Cargill v. Garland, bump stocks; Vanderstok v. Garland, ATF frame/receiver rule) its very likely at least an injunction will be granted and eventually the entire action struck down. Really, if you have a pistol AR, do nothing to it and don't waste money buying parts to "correct" it.
Posted by cgrand
HAMMOND
Member since Oct 2009
38966 posts
Posted on 3/5/23 at 9:35 am to
I’m curious is anyone here has ever been asked to show their tax stamp by LE or a range master or anyone else

I never have and the NFA firearm I use the most in public view is an SBR with suppressor, and also widely available as a full auto (mines semi)
Posted by wickowick
Head of Island
Member since Dec 2006
45825 posts
Posted on 3/5/23 at 11:12 am to
The atf stopped defending the brace rule in the 5th circuit. You are legal in the 5th
Posted by NOLAGT
Over there
Member since Dec 2012
13546 posts
Posted on 3/5/23 at 11:34 am to
quote:

Don't register shite


I am in the other camp on this one in my situation. I had a bunch of braced pistols before the boating accident. With the few I have left I am going to try to not have to pay to SBR them. Way I see it I already have 8 cans so I'm already on the ATFs "list". I already planned on making these SBRs, I just didn't want to pay for all that. Now I might not have too.
This post was edited on 3/5/23 at 12:43 pm
Posted by wileyjones
Member since May 2014
2322 posts
Posted on 3/5/23 at 11:40 am to
quote:

I already planned on making these SBRs, I just didn't want to pay for all that
ya counter argument though is they won’t be transferable to hand down to kids etc
Posted by Beardlington
Member since Dec 2022
859 posts
Posted on 3/5/23 at 11:44 am to
normally when registering an SBR, You go through the process/approval BEFORE you take possession. In this case you're pleading guilty to being in possession BEFORE you've been given permission.

IOW, you're guilty of a felony and all that entails.
Posted by NOLAGT
Over there
Member since Dec 2012
13546 posts
Posted on 3/5/23 at 11:45 am to
quote:

ya counter argument though is they won’t be transferable to hand down to kids etc


I have not read that, do you have a link? I have mine in a trust (added before the deadline).

quote:

normally when registering an SBR, You go through the process/approval BEFORE you take possession. In this case you're pleading guilty to being in possession BEFORE you've been given permission.

IOW, you're guilty of a felony and all that entails.


Normally I'd agree and I dont trust them, but this is not a normal situation. I could be wrong lol.

What I think will happen is it will get shot down in court and the ATF might try and reverse all the free SBRs making you put a brace back on (if you didn't destroy or toss it), pay 200 for them now, or be a felon. If that happens I'll pay the 200ea because I was already doing this anyway. I am sure they will keep the list of ones who tried for the amnesty for future use...but I was sbr'ing anyway.

If I had no plans of ever wanting a sbr, I would certainly not try for the free bait.
This post was edited on 3/5/23 at 12:11 pm
Posted by Squirrelmeister
Member since Nov 2021
1874 posts
Posted on 3/5/23 at 6:36 pm to
quote:

With the few I have left I am going to try to not have to pay to SBR them. Way I see it I already have 8 cans so I'm already on the ATFs "list".


Good luck being added to the felon list. Hope it all goes well in your pound me in the arse prison sentence and lawsuit vs Garland.
Posted by lsufan1971
Zachary
Member since Nov 2003
18396 posts
Posted on 3/5/23 at 7:08 pm to
quote:

I’m curious is anyone here has ever been asked to show their tax stamp by LE or a range master or anyone else I never have and the NFA firearm I use the most in public view is an SBR with suppressor, and also widely available as a full auto (mines semi)


I have had SBR’s for 18 years and never once been asked. I keep all my paperwork on Google docs so I can access from my phone.
Posted by lsufan1971
Zachary
Member since Nov 2003
18396 posts
Posted on 3/5/23 at 7:12 pm to
quote:

Good luck being added to the felon list. Hope it all goes well in your pound me in the arse prison sentence and lawsuit vs Garland.


This is not the first time items have been retro active added to the NFA. Lighting links, DIAS, street sweeper etc have all been added after they have been in the wild. I’m not advocating for people to register but to think millions of people will become felons because they register is fear mongering.
Posted by beerJeep
Louisiana
Member since Nov 2016
35130 posts
Posted on 3/5/23 at 7:24 pm to
The ATF is a terrorist organization and can rightfully frick right off to their evidence room and promptly suck start the cut off shotguns they have confiscated.
This post was edited on 3/5/23 at 7:25 pm
Posted by Rize
Spring Texas
Member since Sep 2011
15843 posts
Posted on 3/5/23 at 9:30 pm to
I just bought a .300 blk pistol a month before they announced this shite.

Not sure what I should do because I’m going to be buying several suppressors in 2023.

I’m leaning towards doing nothing on the pistol and following the laws on the suppressors and any SBR’s I buy going towards
This post was edited on 3/5/23 at 9:33 pm
Posted by Squirrelmeister
Member since Nov 2021
1874 posts
Posted on 3/5/23 at 10:27 pm to
quote:

I’m not advocating for people to register but to think millions of people will become felons because they register is fear mongering.


The AFT even admitted they will take enforcement action against those who register (thereby admitting to their felony) and who have background checks that either fail or aren’t completed in the 120 days. They admitted it at their shot show booth last month. If anyone is fear mongering it is the unconstitutional organization you are apparently going to trust.

For the rest of us it’s a good thing someone like you is going to test the system. You might end up in jail, or prison, but you’ll have the opportunity to nullify the NFA for all of us due to you having legal “standing”.
Posted by lsufan1971
Zachary
Member since Nov 2003
18396 posts
Posted on 3/6/23 at 4:50 am to
quote:

For the rest of us it’s a good thing someone like you is going to test the system. You might end up in jail, or prison, but you’ll have the opportunity to nullify the NFA for all of us due to you having legal “standing”.


I’m not testing it because all of my short barrels have been registered for years. When they changed the trust rules I stopped going NFA. I have 20 NFA items. I don’t need anymore.

I will ad that the 120 day timeline is bullshite. They have street sweeper owners 18 months. Again if I had a pistol I would probably not do anything until I saw the lawsuits pan out. I would keep my shite locked in my safe until that time.
This post was edited on 3/6/23 at 4:56 am
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
261787 posts
Posted on 3/6/23 at 5:19 am to
quote:

Good luck being added to the felon list


Some of y'all are neurotic. I suspect this will be challenged.

Posted by TideHater
Orange Beach AL
Member since May 2007
19706 posts
Posted on 3/6/23 at 6:07 am to
quote:

I’m curious is anyone here has ever been asked to show their tax stamp by LE or a range master or anyone else


One of the previous owners asked us to have customers show their stamps for suppressors on our range. I refused to do it. I am not a law enforcement person and I do not get paid to do it. Also I am against the tax stamp laws and registration all together.
Posted by TaderSalad
mudbug territory
Member since Jul 2014
24697 posts
Posted on 3/6/23 at 6:14 am to
quote:

destroy” the brace.


Or store the brace with a full size AR with compatible tube.

ETA: but FFS don’t register with the amnesty program
This post was edited on 3/6/23 at 6:15 am
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79337 posts
Posted on 3/6/23 at 11:08 am to
Another thing to consider is that amnesty approvals are getting this caveat that makes people question whether they'll be invalidated if the brace rule is overturned. Which I understand would practically still work, but you'd have submitted all your stuff to the ATF and not even received the benefit of the stamp/stock.

IMO if you want to SBR something anyway I'd probably just go the standard Form 1 route.
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