Search ATF FORM 4999. It deals with pistol bracesNever heard of it. Got a link to more info?
I see a lot of language about "proposals" and "proposed" but nothing about "implemented."Search ATF FORM 4999. It deals with pistol braces
ExactlyI see a lot of language about "proposals" and "proposed" but nothing about "implemented."
Yeah, I'm trying to figure out this same thing. There was a lot of talk out at the range this last weekend about implementation starting in August 22.
I would like to know more if it is happening or not.
Can of worms? Nah, the .gov already did that.ATF it is scheduled to take action in August. It's Docket No. ATF 2021R–08; AG Order No. 5070–2021, the proposed rulemaking that implements ATF Form 4999 for evaluating firearms with "braces" to determine if they're pistols, rifles, or short barrel rifles (SBR) requiring an ATF Tax Stamp.
I strongly suggest reading the entire discussion with the three example firearms which includes photos of them and how they were evaluated on the 4999. Four points or more in either Section II, or in Section III (don't add them together) classifies the firearm as a short barrel rifle. Pay close attention to length measurements, how they are made, and the nuances in them with prior rulings. It shouldn't be too difficult for most to make relatively simple changes to take off enough points to keep it under four in the two sections, albeit the result won't be what you'd like to have.
Link to the "proposed" rules in the Federal Register (I used the PDF version, it was easier to read):
https://www.govinfo.gov/content/pkg/FR-2021-06-10/pdf/2021-12176.pdf
I've probably opened a can of worms here as people read the ATF 4999 and its point system.
John
I also predict lawsuits. If they begin declaring everything an SBR in spite of the checklist or evaluating contrary to their examples, the first thing the lawsuit will claim is arbitrary and capricious application of their rules. The challenges will be costly and time consuming which most government entities rely on to get away with doing what they damn well please - that the plaintiff doesn't have deep enough pockets to mount the challenge. I've seen this operative with a trial court judge betting on the individual not having enough money for an appeal.The caveat to the rules is where it says that they have the right to determine your pistol is an SBR even if you pass they points checklist. It basically makes it impossible to build a pistol that is actually usable. Once the new rules come out, there will probably be alot of lawsuits.
There are some aspects of the just released SCOTUS Bruen decision that could clip ATF's regulatory wings - most recently the proposed Pistol Brace Form 4999 and associated regulations.With the roll our current SCOTUS is on, maybe ATF will do the **** around and find out thing.