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February 4th, 2023, 10:31 PM #831Senior Member
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Re: ATF Just Released Their Brace Ruling
If the imported parts exceed the number of allowable parts in order for it to be a legal rifle under 922(r) you can't, legally, register it as an SBR. It can still live life as a pistol though. The ATF says otherwise as they claim the gun was always a rifle because it had a brace blah blah. Nonetheless, the criminal act is in the making of the gun, not possession of the gun and who is to say that brace ever existed? Also, I think there have only been 1 or 2 cases of 922(r) even being enforced so there's that.
Unethical and ATF will probably come knocking on their door if they're selling them as pistols w/ the brace.
Correct.
They're not enforcing SBR possession on these until the 120 days is up, but the restrictions on transfers went into effect on 1/31 (date of publication in Federal Register).
To transfer an affected firearm after the date this rule is published, it must be
registered in the NFRTR and the government entity must submit and receive approval on
an Application for Tax Exempt Transfer and Registration of Firearms, ATF Form 5;
otherwise, the transfer is a violation of the NFA. See 26 U.S.C. 5861(e).
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February 4th, 2023, 11:02 PM #832
Re: ATF Just Released Their Brace Ruling
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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February 4th, 2023, 11:16 PM #833
Re: ATF Just Released Their Brace Ruling
Ahhhh no, not really.
A forebearance is a temporary postponement of a tax payment.
My point is, they are referring to this as a temporary postponement, which, as far as I understand English means they are just postponing your $200 tax payment. Are they going to want their $200 after the 120 days? Forebearances are usually expected to be repaid.
Forebearance is not my word, it's theirs.Last edited by ray h; February 4th, 2023 at 11:26 PM.
The Hostler
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February 4th, 2023, 11:28 PM #834Super Member
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Re: ATF Just Released Their Brace Ruling
https://www.merriam-webster.com/dictionary/forbearance
It also means: refraining from the enforcement of something (such as a debt, right, or obligation) that is due
And also means the quality of being forbearing : LENIENCY
known * for her forbearance with her incorrigible husband
Not trying to stick up for the ATF but it does have a couple of less sinister definitions than your example including the definition of refraining from enforcement.
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February 5th, 2023, 01:07 AM #835
Re: ATF Just Released Their Brace Ruling
In the context of "tax forebearance".
Anyway, we all know the reason they aren't enforcing the tax now is because they know the courts will slap them around and they don't want to have to pay millions of people $200 back. So just suppose the court doesn't slap it down? Attorneys wrote this rule, they had a dozen words to choose from that best describes what is happening, they chose "forebearance" to best fit the situation.
Don't say the ATF wouldn't dare do that to people, these are the same people who have knowingly side stepped the constitution and the law.
Also, keep in mind they are maintaining a separate data base for all of those who took advantage of the forebearance, if an SBR is an SBR is an SBR, why are they keeping it separate.The Hostler
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February 5th, 2023, 01:24 AM #836Grand Member
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Re: ATF Just Released Their Brace Ruling
Apparently you missed post # 825. acording to the ATF FAQ:
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.
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February 5th, 2023, 01:24 AM #837Senior Member
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February 5th, 2023, 01:32 AM #838Senior Member
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Re: ATF Just Released Their Brace Ruling
I did miss that, but it actually reads the opposite: "a person with an imported pistol that was subsequently equipped with a *stabilizing brace*". If it came as a pistol and the brace was added later, they are considering it a pistol. Regardless, the takeaway is that it seems owners can SBR them if they so choose, which is a turnaround from the ATF's previous statement in which they instructed people to destroy or surrender them. Haha!
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February 5th, 2023, 01:45 AM #839Grand Member
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Re: ATF Just Released Their Brace Ruling
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February 5th, 2023, 01:49 AM #840
Re: ATF Just Released Their Brace Ruling
https://thereload.com/atf-says-impor...hed-next-week/
I'm not sure what went into the published rule but they claimed that imports would be kosher. I trust the ATF won't turn around and change their mind at a later date, retroactively making millions into criminals.
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