Pistol Brace Info

[gassprint1]

OK...Thank you for that info. So...do you have to wait to change your brace to a stock until you get the approval or is it OK to swap to stock while still "in process"?

Leave as is. Some said before they had to provide pics, so if you do have to, you'll be changing everything back over.

 

[gassprint1]

Nop


From what I understand from now on brace and stock is the same thing. To be on the safe side I'll keep pistol and stock/brace separate until approved.

I wouldnot trust your understanding for brace an stock being the same until you ask atf to clarify because they said braces are free stamp, otherwise everyone would be registering anything to be an sbr to get around paing $200.

 

[NoAdmiration]

Just sat through an hour long presentation by the ATF regarding the Pistol Brace (ATF Final Rule 2021R-08F) Situation. The following is a list of notes directly from the ATF regarding confusing issues surrounding the new law.

Very important: As of yesterday, January 31, 2023, it is illegal to sell, trade or otherwise transfer a pistol with a brace installed to either an individual or a dealer. It is considered an unlicensed NFA transfer.


- The Tax Forbearance period will run from Jan 31, 2023 through May 31, 2023. They are not considering it an amnesty.

- Pistol braces are not considered NFA items, only the firearm it is attached to. Pistol braces are considered parts. Constructive possession is very real in this situation. It will be constructive possession if the two items (pistol w/ brace removed) and brace are sold in the same transaction.

- There is NO NFA EXCEPTION for disabled veterans, citizens or anyone else for use of a braced pistol as of Jan 31, 2023.

- All forms submitted before May 31, 2023 will be processed. The ATF will consider a copy of your "submitted" form as proof of registration until your form is approved. You will be in compliance if you are in possession of that form.

- Tac 14 / Shockwave shotguns are not permitted to be registered tax free.

- Once the stamp is approved, any stock device can be used on the registered SBR. Vertical grips may also be installed. (Yes, they said approved, not submitted.)

- Existing markings may be used. You do not need to engrave your firearm.

- Receivers will not be able to be registered tax-free. The new law only applies to items that are legally pistols.

- Standard Form 1 and Form 4 processing is NOT being slowed by these submissions. There is a different team working on the brace Form 1 paperwork, and there is a different section of the Efile website.

- When submitting a photo of the firearm, a close up of the information (maker, model, serial) may be used. A full photo of the firearm is not needed (although I would recommend sending one anyway, just in case they get squirrelly.)

- There could be up to 40M submissions. There is no time frame for approval. Again, submitted form is proof of legal ownership.

- People under 21 can register a pistol SBR according to state law. If it's legal to possess in your state, someone under 21 can register it as an SBR.

-Pawned pistols with braces can not be returned in their current format. Discuss this with your pawnbroker.

- If your form 1 is denied for a clerical error, you can resubmit.

- RONIs / parts can not be registered. To clarify, if they were purchased as a kit with a firearm, the firearm would need to be put on a form 1.

- Anyone submitting the form 1 before Jan 31 will not be automatically denied. Legislation was approved on Jan 13th. Any forms submitted after that date are in queue and will be processed normally.

- When in doubt, ask a lawyer.


For clarification of any issues. email Fire_tech@atf.gov.


And finally, I am not a lawyer - This is information that was just conveyed to dealers through the ATF live presentation. I am only recounting the verbal Q/A section.

Thank you for the hard work you put into this. It was very helpful.

 

[Aszerigan]

it says a notarized trust, or a schedule A. doesn't say the schedule A needs notarized.

https://www.atf.gov/rules-and-regulations/docs/undefined/eformone-externalguidancewithqapdf/download

Schedule A’s aren’t notarized in NFA trusts. That allows the trustee to add and change at will.

The trust signatories are notarized to file or amend the trust. That guarantees the trustee (grantor, trustor) freedom of addition and management to the trustee.

 

[Aszerigan]

I wouldnot trust your understanding for brace an stock being the same until you ask atf to clarify because they said braces are free stamp, otherwise everyone would be registering anything to be an sbr to get around paing $200.

Braces and stocks are not the same in this context. If you register an SBR that does not have a brace through the separate brace registration section of Eforms, you’re perjuring yourself and it IS a felony.

However, if you have a braced receiver with an upper (which has a barrel length of less than 16”) that was purchased as a pistol…. You’re ok.

Did you buy a pistol AR with a brace? You’re good to file if you want to.

Did you build out a receiver as a rifle and think putting a brace on it gives you a free stamp? You’re not good and filing means you’re committing a felony.

 

[gassprint1]

Braces and stocks are not the same in this context. If you register an SBR that does not have a brace through the separate brace registration section of Eforms, you’re perjuring yourself and it IS a felony.

However, if you have a braced receiver with an upper (which has a barrel length of less than 16”) that was purchased as a pistol…. You’re ok.

Did you buy a pistol AR with a brace? You’re good to file if you want to.

Did you build out a receiver as a rifle and think putting a brace on it gives you a free stamp? You’re not good and filing means you’re committing a felony.

Thanks for clearing that up. I had said this in a few threads an it somewhat started to go south on what the "free" ment.

 

[wcd]

Thanks for clearing that up. I had said this in a few threads an it somewhat started to go south on what the "free" ment.

Interesting article that says it out loud on one of the fairly well known firearm sites. If a mod happens to advise if it’s ok to cite I will post.

 

[84VETTE]

Braces and stocks are not the same in this context. If you register an SBR that does not have a brace through the separate brace registration section of Eforms, you’re perjuring yourself and it IS a felony.

However, if you have a braced receiver with an upper (which has a barrel length of less than 16”) that was purchased as a pistol…. You’re ok.

Did you buy a pistol AR with a brace? You’re good to file if you want to.

Did you build out a receiver as a rifle and think putting a brace on it gives you a free stamp? You’re not good and filing means you’re committing a felony.

If you built a pistol with a brace from a purchased lower receiver is that still a No-Go? It has to be originally purchased as a pistol?

 

[gassprint1]

If you built a pistol with a brace from a purchased lower receiver is that still a No-Go? It has to be originally purchased as a pistol?

if its originally built with the brace. Bought with brace is same thing. Any pistol made or bought with a brace is the context. Barrel with less than 16" with the brace. You can't slap a brace on a rifle and expect to get the free stamp cause it doesn't qualify for the atf amnesty definition.

 

[JAL]

Can a stripped "multi caliber" receiver originally built (made) into a pistol with a barrel under 16" and a brace be "maintained"? In other words, can parts of it be replaced, such as the barrel (length and/or caliber), handguard, bolt & bolt carrier group, upper receiver, buffer, buffer tube, etc.? Or must it be kept with every exact part it had on Jan 31st, even if they're non-functional (broken or badly worn)? Can a different brace be attached to replace the original brace?

 

[gassprint1]

Can a stripped "multi caliber" receiver originally built (made) into a pistol with a barrel under 16" and a brace be "maintained"? In other words, can parts of it be replaced, such as the barrel (length and/or caliber), handguard, bolt & bolt carrier group, upper receiver, buffer, buffer tube, etc.? Or must it be kept with every exact part it had on Jan 31st, even if they're non-functional (broken or badly worn)? Can a different brace be attached to replace the original brace?

I dont know why it couldn't. It would be in the same configuration.

 

[JAL]

I dont know why it couldn't. It would be in the same configuration.

Thanks . . . asking for a friend who wants to remain anonymous for obvious reasons. I'll pass this on to him. It confirms what I suspected . . . that provided it was a legit "braced pistol" prior to Jan 31st, either made or purchased, it could have parts replaced and be maintained as a "braced pistol" through the "amnesty period".

 

[long coat]

Appointment - Welcome!

printscan-scheduling-appointment.azurewebsites.net

Silencershop will sell you printed cards for $15 per pair, but wont give the .eft file. Go here to get the .eft file. I just did mine at UPS a few weeks ago through this site https://printscan-scheduling-appointment.azurewebsites.net/Appointment/Start

I set up a time to get mine done using this link. I would not let me enter my SS# on my phone, so i set it up with my laptop at home. I entered all info, including CC for payment. it told me it was done and my card would not be charged until it get them done. I never received an email with the QR code. I showed up on time, told the worker what i was doing, but i didnt have the QR code, you have to have. He had me call the number on the machine, that person keep telling me i did it wrong and the only way it doesn't charge before is if you are in FL.. he even said i used the wrong website. He gave me a new number to call to see if they could help. They couldn't find it under my name or email. So i was doing to have to start over, with out my laptop. I was over an hour from home. i reentered the info and had to copy my SS# and paste it into the site. You have to highlight the entire field to paste it so it works. I set the time for several hours later because I had a DR appt, to get to, but it let me do my prints right then, so the time you pick doesn't matter. I had the email with the file right after

If you don't get the email with the QR code, it didn't work.

 

[sloppyjoe]

I set up a time to get mine done using this link. I would not let me enter my SS# on my phone, so i set it up with my laptop at home. I entered all info, including CC for payment. it told me it was done and my card would not be charged until it get them done. I never received an email with the QR code. I showed up on time, told the worker what i was doing, but i didnt have the QR code, you have to have. He had me call the number on the machine, that person keep telling me i did it wrong and the only way it doesn't charge before is if you are in FL.. he even said i used the wrong website. He gave me a new number to call to see if they could help. They couldn't find it under my name or email. So i was doing to have to start over, with out my laptop. I was over an hour from home. i reentered the info and had to copy my SS# and paste it into the site. You have to highlight the entire field to paste it so it works. I set the time for several hours later because I had a DR appt, to get to, but it let me do my prints right then, so the time you pick doesn't matter. I had the email with the file right after

If you don't get the email with the QR code, it didn't work.

Sorry you had so much trouble. I was able to order from my phone and got the QR code, but yes you have to pay up front.

 

[ed1838]

I was told my county sherriff dept can and will do them digital prints for $5. I was told by city officer.

 

[00BlasterResto]

I did printscan at 10AM yesterday, so far I haven't received any email with prints.

 

[sloppyjoe]

I did printscan at 10AM yesterday, so far I haven't received any email with prints.

Something isnt right. You should have gotten an email with the attachment in under an hour. Check your spam folder.

 

[ToddG330]

It sounds like all the form 1s once approved are marked as conditional… if this mess is struck down, what happens with the approval? Do you have the option to keep the item on the registry? Pay the $200 for the stamp in forbearance? Personally, I would rather replace the brace with a stock once approved as an SBR as the AFT has indicated is allowed.

 

[00BlasterResto]

Something isnt right. You should have gotten an email with the attachment in under an hour. Check your spam folder.

I also emailed them yesterday afternoon and have not gotten a response..
I checked every folder I got lol..
I did it through printscan at UPS, I received this email immediately after I did ilthe prints, but nothing since.

 

[Jont22]

I also emailed them yesterday afternoon and have not gotten a response..
I checked every folder I got lol..
I did it through printscan at UPS, I received this email immediately after I did ilthe prints, but nothing since.

I think you did something wrong…here is my email. Did you choose FBI and not ATF when you scheduled the appt?