New BATF ruling on stabilizing braces today

[tackdriver]

i don't recall hearing about anyone specifically prosecuted for a bumpstock, non registered sbr, or any of the other assinine rules the atf have issued.

hell...they don't even go after 4473 violators

Does the name Randy Weaver, 1992 ring any bells? An ATF agent says 'please, please,Please cut the barrel on my shotgun for me! I don't have the tools, but I did make a mark right where I want you to cut it.'

They don't go after 4473 violators because they don't have anything the Gov't wants, and there's a cost to pursue it. As I understand it, they wanted Weaver to become their informant on others, so they got him to commit a NFA felony to apply pressure. It's never about the bump stock or the brace, it's about whether you've got something they want or not.

 

[tackdriver]

That reminds me... The ATF seems to be the catylist for getting the FBI involved, and things going horribly wrong. I don't want to connect too many dots in one place, then hear my doorbell ring 10 minutes later, but................

 

[tackdriver]

Once it is stamped, I assume selling without the brace requires a transfer.

That's my biggest problem with the whole Form1 thing now. Selling it if I ever want to.

 

[Cameramonkey]

That's my biggest problem with the whole Form1 thing now. Selling it if I ever want to.

And don’t forget estate succession. We can’t own stuff forever because we aren’t going to be here forever.

 

[avboiler11]

A Form 1'd Title II SBR can be converted back to a Title I non-SBR by sending a letter to the ATF.

ATF NFRTR Letter Requesting Removal of a SBR/SBS Title 2 Status Genera

If you have a title 2 SBR/SBS you can return that SBR/SBS back to a title 1 rifle or shotgun. In order to do this you will need to send a letter to the ATF requesting the removal of your SBR or SBS from their records. Converting your title 2 SBR/SBS back to it's original state is that simple...

www.nationalguntrusts.com

Title II NFA items can be transferred to an heir tax-free.

What is Required for a Tax Free Heir Transfer for NFA Firearms?

What is Required for a ATF 5320.5 Application for Tax Exempt Transfer and Registration of NFA Firearms? In this article we discuss what is required to use the ATF 5320.5 Application for Tax Exempt Transfer and Registration of Firearm. If you are trying to transfer your NFA firearm with the the...

www.nationalguntrusts.com

 

[tackdriver]

One angle I see is that they KNOW this will happen. Just another implementation of Cloward-Piven. Find something you hate and overwhelm the system to destroy it or affect a change you want. They WANT the NFA system to grind to a halt. This intentional.

Interesting thought. Hard to obtain a suppressor if the system is backlogged for years.

It's a gamble though. If it backfires, opponents can argue that the ATF is incapable, inefficient, AND is unreasonably depriving the people of their rights and property. This type of argument could be used to increase oversight and radically reform the agency. All that's required are people on the other side willing to fight the same way the agency does.

Or, maybe a class action lawsuit targeting the practices of the agency.

Lawyer: "My clients lawfully purchased suppressors, complied with all the filling requirements, and paid the tax. For over two years, my clients have been deprived of their lawful property because the ATF claims that it can not perform its responsibilities in a timely, reasonable manor. Given modern technology systems and the resources available to the ATF, these applications can be processed in less than one week, if the ATF wanted to do so. We ask the court to order the ATF to immediately process these applications, and to process all future applications in less than thirty days."

Obviously I don't know how this works, what the actual legal argument would look like, or if there are already directly related precidents involved. However, I'm positive that the big brains at some of the pro-2A think tanks could figure this out. The more unreasonable the ATF process gets, the easier it is to get intervention... if anyone cares to do so.

 

[SnoopLoggyDog]

This meme perfectly fits the latest stance by the ATF.

 

[nucular]

Interesting thought. Hard to obtain a suppressor if the system is backlogged for years.

It's a gamble though. If it backfires, opponents can argue that the ATF is incapable, inefficient, AND is unreasonably depriving the people of their rights and property. This type of argument could be used to increase oversight and radically reform the agency. All that's required are people on the other side willing to fight the same way the agency does.

Or, maybe a class action lawsuit targeting the practices of the agency.

Lawyer: "My clients lawfully purchased suppressors, complied with all the filling requirements, and paid the tax. For over two years, my clients have been deprived of their lawful property because the ATF claims that it can not perform its responsibilities in a timely, reasonable manor. Given modern technology systems and the resources available to the ATF, these applications can be processed in less than one week, if the ATF wanted to do so. We ask the court to order the ATF to immediately process these applications, and to process all future applications in less than thirty days."

Obviously I don't know how this works, what the actual legal argument would look like, or if there are already directly related precidents involved. However, I'm positive that the big brains at some of the pro-2A think tanks could figure this out. The more unreasonable the ATF process gets, the easier it is to get intervention... if anyone cares to do so.

And if there is now a rule (even if just for the *amnesty*) that you can maintain possession while the paperwork is processed, why don't they need to extend that to suppressors... to machine guns? So ****ing inconsistent.

 

[jsx1043]

The ONLY way I can spin any positive out of this, in the vein of TRYING to get the free stamp, is if you Form 1 one of your pre-existing 4473 purchases that you know is already on (the supposedly non-existent) record, specifically a rifle or complete rifle lower. Beyond that, do not comply.

 

[Yup!]

If I can apply for form 1 - keep and use my renamed SBR / formerly pistol, and use simple proof of application as justification, then this isn’t a public safety issue.

 

[Creedmoor]

A Form 1'd Title II SBR can be converted back to a Title I non-SBR by sending a letter to the ATF.

ATF NFRTR Letter Requesting Removal of a SBR/SBS Title 2 Status Genera

If you have a title 2 SBR/SBS you can return that SBR/SBS back to a title 1 rifle or shotgun. In order to do this you will need to send a letter to the ATF requesting the removal of your SBR or SBS from their records. Converting your title 2 SBR/SBS back to it's original state is that simple...

www.nationalguntrusts.com

Title II NFA items can be transferred to an heire tax-free.

What is Required for a Tax Free Heir Transfer for NFA Firearms?

What is Required for a ATF 5320.5 Application for Tax Exempt Transfer and Registration of NFA Firearms? In this article we discuss what is required to use the ATF 5320.5 Application for Tax Exempt Transfer and Registration of Firearm. If you are trying to transfer your NFA firearm with the the...

www.nationalguntrusts.com

Its interesting reading what some post here, that most likely have never filled out paperwork and paid for a stamp.

Its an Amnesty, just like 1968.

The FEDS arn't coming for your guns.

 

[jsx1043]

If I can apply for form 1 - keep and use my renamed SBR / formerly pistol, and use simple proof of application as justification, then this isn’t a public safety issue.

It's legal, but for a fee. Which means it's only illegal for some.

 

[trader]

I would strongly wager that this rule will be put on hold by court action. While we know this rule isn't legal, that's still upto a judge to say "illegal".

 

[Chance]

How about instead of judge shopping we just hold our “elected representatives” accountable for using the CRA to slap these agencies down?

 

[Shibby575]

So when does this officially go into the federal register?? I can’t find it there as of now.

 

[edwea]

Well, I went ahead and filed a form 1 yesterday. Not the tax exempt one that we're all discussing, but the $200 one. I had been planning to for quite awhile and already had the prints and everything. I decided that it was worth $200 to not be a part of the shenanigans and litigation that will likely come. It may have been a waste of money, but I have the feeling there is more to this than just a free stamp. And I have seen how "free" things from the .gov work out.

 

[shootersix]

 

[Indye41]

Guy Relford’s two cents on the matter,

https://m.facebook.com/story.php?story_fbid=pfbid0UdCM9Bi9uVFmRkTdViSXyCJbP9UHSkhSW6coUMyLA8exAXTBoTSefiiFaGedPL2ml&id=100001048984377&mibextid=qC1gEa

 

[edwea]

I gathered from one of the questions and subsequent responses that if you have filed before the end of the 120 days and have the submitted application to prove it, you're fine to have it in sbr configuration.

 

[nonobaddog]

I gathered from one of the questions and subsequent responses that if you have filed before the end of the 120 days and have the submitted application to prove it, you're fine to have it in sbr configuration.

Unless they change their minds.