ATF Just Released Their Brace Ruling

[JoshIronshaft]

If you register the firearm with the brace (provided that this rule doesn't get tossed out via the courts first) then should you decide to sell it, it will be legal to sell. Of course, the market value will (likely) have dropped as the buyer would have to do the ATF approval and pay $200. Plus the wait time.

These will have to be sold at an "attractive" price for a buyer to consider one.

You can sell the SBR one of two ways.

1. Form 4 transfer, tax paid, to someone else.

2. Modify the SBR so that it is no longer an SBR. Sell it as a pistol or rifle, as circumstances dictate. The new owner can keep it like that or once again file a Form 1 to make it an SBR.
Notes:
a. I have not seen a requirement to notify the ATF that you are making your SBR a non-NFA item to sell it, but most people do send them a letter to inform them a firearm is no longer an NFA item in their possession. I don't recall seeing anyone get a response.
b. In the past, the former SBR would have your NFA engraving on it, and this may or may not be an issue for a buyer. This aspect of selling your former SBR is not necessarily applicable with the pistol brace firearms that are being registered, as the engraving requirement has been waived for those SBRs. You do not have to get it engraved.

The above logic applies to short barrel shotguns and large bore destructive devices (remove the barrel and the receiver is just a receiver). A 105mm howitzer breach ring (no barrel) and an 81mm mortar cup (no barrel) transfer the same as a bare Anderson AR15 lower receiver.

It doesn't apply to machineguns. Probably doesn't apply to AOWs, maybe some, but I have no first hand AOW experience to speak of.

I am not a lawyer or an expert in anything except where to find the best wings in SW PA. These are just my currently held opinions.

[Lemanshooter]

You can sell the SBR one of two ways.

1. Form 4 transfer, tax paid, to someone else.

2. Modify the SBR so that it is no longer an SBR. Sell it as a pistol or rifle, as circumstances dictate. The new owner can keep it like that or once again file a Form 1 to make it an SBR.
Notes:
a. I have not seen a requirement to notify the ATF that you are making your SBR a non-NFA item to sell it, but most people do send them a letter to inform them a firearm is no longer an NFA item in their possession. I don't recall seeing anyone get a response.
b. In the past, the former SBR would have your NFA engraving on it, and this may or may not be an issue for a buyer. This aspect of selling your former SBR is not necessarily applicable with the pistol brace firearms that are being registered, as the engraving requirement has been waived for those SBRs. You do not have to get it engraved.

The above logic applies to short barrel shotguns and large bore destructive devices (remove the barrel and the receiver is just a receiver). A 105mm howitzer breach ring (no barrel) and an 81mm mortar cup (no barrel) transfer the same as a bare Anderson AR15 lower receiver.

It doesn't apply to machineguns. Probably doesn't apply to AOWs, maybe some, but I have no first hand AOW experience to speak of.

I am not a lawyer or an expert in anything except where to find the best wings in SW PA. These are just my currently held opinions.

Ok. so dummy this down for me. If I already have the firearm registered, I can then sell\transfer that firearm to someone else, and because I have already registered it, even though the fee was waived, the buyer does not have to pay an additional $200 tax?

When looking at the Form 4, item 1, "Type of Transfer", there is the $200 box, and the $5 box. So, if I have my "braced firearm" registered, the buyer need only complete the form and pay the $5?

And I have saved you in my "Friends" for a complete list of SWPA wing places.

[bogey1]

Ok. so dummy this down for me. If I already have the firearm registered, I can then sell\transfer that firearm to someone else, and because I have already registered it, even though the fee was waived, the buyer does not have to pay an additional $200 tax?

When looking at the Form 4, item 1, "Type of Transfer", there is the $200 box, and the $5 box. So, if I have my "braced firearm" registered, the buyer need only complete the form and pay the $5?

And I have saved you in my "Friends" for a complete list of SWPA wing places.

If you sell it as a sbr buyer pays 200.00 tax stamp.

If you take it off the registry and sell as a pistol or rifle, no tax stamp.

The 5.00 is a aow if not mistaken. If the gun was registered aow by you (200.00 tax stamp)
the buyer only pays 5.00 tax stamp.
Someone correct me if I'm wrong.

[eagleclaw]

Keep in mind that if one sells a SBR to another they will still have to get an FFL to do a Pics check before the transfer. I suppose the Sherrif can do that too.

[bogey1]

Keep in mind that if one sells a SBR to another they will still have to get an FFL to do a Pics check before the transfer. I suppose the Sherrif can do that too.

A regular fFl cant do the transfer, you'll need one with a license (03) I think it is.

[arjohnson]

Keep in mind that if one sells a SBR to another they will still have to get an FFL to do a Pics check before the transfer. I suppose the Sherrif can do that too.

Not true.

[GunLawyer001]

No you don't

PA uses PICS, not NICS.

[Ilikebuckets]

Yes, I am aware of that. What I quoted are the instructions for completing a 4473 where a FFL would check the block to indicate no BGC was required.

Are you saying that PA requires a PICS check for the transfer of a NFA firearm?

The Pa definition of a firearm is

Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

https://www.legis.state.pa.us/cfdocs...&div=0&chpt=61

Since a SBR has a barrel shorter than 16 inches it is considered a Firearm under Pa law which requires a PIC check for transfers.





Edit to add: here is a law firm talking about transfers in Pa. In part it says.

All Pennsylvania handgun transfers must be subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened).

https://www.yourlawfirmforlife.com/i...ot%20shortened).

[ExFlyinguy]

The Pa definition of a firearm is

Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

https://www.legis.state.pa.us/cfdocs...&div=0&chpt=61

Since a SBR has a barrel shorter than 16 inches it is considered a Firearm under Pa law which requires a PIC check for transfers.





Edit to add: here is a law firm talking about transfers in Pa. In part it says.

All Pennsylvania handgun transfers must be subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened).

https://www.yourlawfirmforlife.com/i...ot%20shortened).

I stand corrected! Thanks for clearing that up

[Ilikebuckets]

I stand corrected! Thanks for clearing that up