Pennsylvania Firearm Owners Association
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  1. #821
    Join Date
    Jan 2010
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    West Chester, Pennsylvania
    (Chester County)
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    Default Re: ATF Just Released Their Brace Ruling

    So for the people registering for their free sbr on a form1... are you engraving your lower per the SBR requirements?
    Hoplophobia is funny

  2. #822
    Join Date
    Mar 2014
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    NEPA, Pennsylvania
    (Wyoming County)
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by West Chester View Post
    So for the people registering for their free sbr on a form1... are you engraving your lower per the SBR requirements?
    No, they are allowing the original markings to stand, and no need for engraving. I'll find the faq and share



    27. ONCE THE FIREARM IS REGISTERED, AM I REQUIRED TO MARK THE FIREARM SINCE I MANUFACTURED
    A SHORT-BARRELED RIFLE (SBR)
    ?
    * If the SBR equipped with a *stabilizing brace* is registered within the 120-day tax forbearance
    period, the possessor is allowed to adopt the markings on the firearm. The maker*s marking
    exception is only applicable to firearms that are registered pursuant to the final rule. If the
    firearm is a personally made firearm, the possessor must mark in accordance with 27 CFR 478.92
    & 479.102 prior to submitting the E-Form 1.
    page 7: https://www.atf.gov/rules-and-regula...edpdf/download
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

  3. #823
    Join Date
    Aug 2009
    Location
    bloomsburg, Pennsylvania
    (Columbia County)
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by eagleclaw View Post
    My question still is; can you register imported pistols? To my understanding the ATF declared that imported pistols are not covered under 922. However, if made into a rifle they would be non 922 compliant. So, can someone SBR/apply for a tax stamp imported pistols legally in other words without violating 922?
    I found the answer to my own question for those that are interested. At least this is what the ATF said for now in the FAQ section.

    9. I POSSESS A PISTOL, WHICH WAS IMPORTED AND THEN SUBSEQUENTLY EQUIPPED WITH A STABILIZING BRACE. DOES 18 U.S.C. § 922(R) APPLY TO MY FIREARM?

    • No. Section 922(r), in relevant part, makes it unlawful to assemble from imported parts a semiautomatic rifle that is otherwise not importable. The implementing regulations of the GCA at 27 CFR 478.39 provides that a person may not assemble a semiautomatic rifle using more than 10 of the imported parts listed in the relevant paragraphs of the regulation. As discussed in section IV.B.8.e of the final rule, the criminal violation under section 922(r) is for the “assembly” of the semiautomatic rifle; therefore, no modification of such firearm would cure the 922(r) violation because the “assembly” has already occurred. Accordingly, a person with an imported pistol that was subsequently equipped with a “stabilizing brace” will have the same options as anyone else under the final rule. Should that person choose to register the firearm, no further modification of the firearm with domestic parts is required.
    https://www.atf.gov/rules-and-regula...23pdf/download

  4. #824
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by ExFlyinguy View Post
    No, they are allowing the original markings to stand, and no need for engraving. I'll find the faq and share





    page 7: https://www.atf.gov/rules-and-regula...edpdf/download
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  5. #825
    Join Date
    Feb 2021
    Location
    Reading, Pennsylvania
    Posts
    912
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    21474839

    Default Re: ATF Just Released Their Brace Ruling

    So you don't get any stamp, and you don't engrave it, how does one prove that it's a lawful sbr?

  6. #826
    Join Date
    Mar 2014
    Location
    NEPA, Pennsylvania
    (Wyoming County)
    Posts
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by JaySmith View Post
    So you don't get any stamp, and you don't engrave it, how does one prove that it's a lawful sbr?
    You'll get the approval back with an approval signature, but no tax stamp. I have the same thing from my time as a SOT dealer for products kept from a form 3 (dealer to dealer) no stamp
    "It seems that the Constitution is more or less guidelines than actual rules"
    My feedback: http://forum.pafoa.org/showthread.php?t=305685

  7. #827
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by JaySmith View Post
    So you don't get any stamp, and you don't engrave it, how does one prove that it's a lawful sbr?
    For any AR-based firearm, you can (1) photocopy the approved Form, (2) shrink it down a little & fold it, and (3) shove it in a pistol grip with a compartment with a door. Then you always have the right documents with the gun.

    Your paperwork will match the make/model/SN of that gun.

    Harder to do that with a silencer. With other firearms, if it takes a sling you can use a sling pouch for the copy.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #828
    Join Date
    Jan 2011
    Location
    Waynesboro, Pennsylvania
    (Franklin County)
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    Default Re: ATF Just Released Their Brace Ruling

    For those choosing to take advantage of a free SBR, keep in mind that the ATF is referring to the 120 days as a "forbearance" , not an amnesty. Then look up the definition of forebearance.
    This shit gets worse and worse.
    The Hostler

  9. #829
    Join Date
    Aug 2009
    Location
    bloomsburg, Pennsylvania
    (Columbia County)
    Posts
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by ray h View Post
    For those choosing to take advantage of a free SBR, keep in mind that the ATF is referring to the 120 days as a "forbearance" , not an amnesty. Then look up the definition of forebearance.
    This shit gets worse and worse.
    If they call it an amnesty then they are already saying those with said firearms are already breaking the law. A forbearance is giving someone more time to comply.

  10. #830
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: ATF Just Released Their Brace Ruling

    Quote Originally Posted by ray h View Post
    For those choosing to take advantage of a free SBR, keep in mind that the ATF is referring to the 120 days as a "forbearance" , not an amnesty. Then look up the definition of forebearance.
    This shit gets worse and worse.
    What did ATF do when they reclassified Streetsweeper shotguns?
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

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