re: ATF brace rule has been published

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Out of the 40 million or so pistol brace owners, only 250,000 people took advantage of free tax stamp. That's 0.6-8%."

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I turned my paperwork in the last day. I already have a couple of suppressors so they have my information anyway. Decided I would rather just register it as an SBR. Now I can throw away that poser arm brace and put a real stock on it. I use mine around situations where running into law enforcement is pretty common (shooting deer at night with a permit) so it was not worth the risk to me. Fully understand someone not wanting to send the paperwork in on pure principle though.

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You're telling the ATF that you have a restricted, unregistered item in your possession. If you don't get your tax stamp back within a certain amount of days they can charge you with a federal crime.

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When you apply for an SBR, suppressor, etc you have to be approved before taking possession. In this case, you're already in possession and have provided evidence that you have committed a felony.

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only 250,000 people took advantage of free tax stamp.

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That's still a lot of bootlicking dumbasses.

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You're telling the ATF that you have a restricted, unregistered item in your possession. If you don't get your tax stamp back within a certain amount of days they can charge you with a federal crime.

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That’s a chance I’m willing to take. If I did not register it the gun would be useless to me. I carry this thing around at night with a suppressor attached to it shooting deer practically in peoples back yards. Too much exposure for me to not have it legal.

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False. Was not illegal when it was bought. Is not illegal now when the brace is removed. It’s still a pistol. I submitted paperwork to convert it to a SBR.

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The "constructive possession" aspect will interesting. As they say now, you'll need to either get rid of it, destroy it, or make it unable to be attached. They say that simply removing it is not enough. They were unclear as to what happens if you have another stock in your possession. No one knows if that constitutes constructive possession as well.

In other words, they have multiple ways to screw you once you're on their radar.

Get rid of, destroy every upper with <16” barrel? Or brace?

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Remove/destroy brace or make it unable to be installed, put on a 16" bbl, or destroy the lower.

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So someone tell me this-

Say I pull the pistol upper off, and put a 16" barrel upper on my lower. What, then, is the issue with the pistol uppers? If I just put them back in the box, and don't mount them on lowers, is this good to go?

Or would having shorter uppers still in possession become a problem?

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Say I pull the pistol upper off, and put a 16" barrel upper on my lower. What, then, is the issue with the pistol uppers? If I just put them back in the box, and don't mount them on lowers, is this good to go?

Or would having shorter uppers still in possession become a problem?

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Technically, the only thing that's a pistol is the lower so swapping them out is fine (I believe leaving the pistol brace on there is ok as well)

However, the "constructive possession" aspect is extremely vague. I don't put it past the feds to try to prosecute you for possessing all the parts to make a braced pistol if they really want to get you.

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The part I want clarification on, which I was concerned about when I bought parts:

If I have an upper with 11" barrel, even sitting in a box;
and I have 16+ inch uppers on ALL lowers, with normal stocks.

At this point, is it "contructive intent" to own the shorter barreled uppers?
Do I need to maintain at least one of those lowers in proper (nothing on the buffer tube) configuration?

Obviously I would make note of those lowers, so I know which were purchased as intended for pistols. Heck, I am pretty sure every stripped lower I have bought, after the first one, was listed in 4473 as pistol or other. So that would be "a few", some of which were already in rifle format.
* for purpose of clarity, every "pistol" lower I assembled, I mounted one of my pistol uppers on it before the brace or stock was installed, to cover the "can't be a rifle first" option. Even those now dedicated to longer barreled uppers.

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The part I want clarification on, which I was concerned about when I bought parts:

If I have an upper with 11" barrel, even sitting in a box;
and I have 16+ inch uppers on ALL lowers, with normal stocks.

At this point, is it "contructive intent" to own the shorter barreled uppers?
Do I need to maintain at least one of those lowers in proper (nothing on the buffer tube) configuration?

Obviously I would make note of those lowers, so I know which were purchased as intended for pistols. Heck, I am pretty sure every stripped lower I have bought, after the first one, was listed in 4473 as pistol or other. So that would be "a few", some of which were already in rifle format.
* for purpose of clarity, every "pistol" lower I assembled, I mounted one of my pistol uppers on it before the brace or stock was installed, to cover the "can't be a rifle first" option. Even those now dedicated to longer barreled uppers.

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I think the ATF is being purposely ambiguous on this so they can always have an ace in the hole if they want to play it. They know they have endless resources and money and you don't. They'll bankrupt you with bogus charges and if they get their hand slapped they know nothing will happen to them.