Pistol Brace Info

[bobcoop06]

I did the registration last night for a pistol with a brace that I had been wanting to SBR before this whole mess. The only thing I ran into that I wasn't sure about was the CLEO. I wasn't sure if for me, that would be Indianapolis Metro Police, or Indiana State Police. I did find the information on INGO that it appears to be ISP.

Hopefully I filled this all out correctly.

I used the police chief of the town I live in. If you're in an unincorporated area, it would be the sheriff. It's just telling them who they need to "notify" about your new toy.

 

[Onebad06vtx]

Tradition says you have to be naked.

Then you would have to form another SBR! lol

 

[nonobaddog]

I used the police chief of the town I live in. If you're in an unincorporated area, it would be the sheriff. It's just telling them who they need to "notify" about your new toy.

When you buy more than one handgun at once the FFL guy has to send in a form 3310.4. I live in town and my FFL guy lived just out of the city limits. He would always send those forms to the Sheriff. We never heard anything bad about it.

 

[Haven]

I used the police chief of the town I live in. If you're in an unincorporated area, it would be the sheriff. It's just telling them who they need to "notify" about your new toy.

I live in town, barely. So we have IMPD, and Sherriffs as well, so I guessed, but in another thread it was suggested to use ISP instead. So I went with that.

 

[BAgun]

Does anyone know if I sell my rifle at some point after registering it for the pistol brace, will the buyer need to also fill out a form 1? I'm assuming once I register it, it will be a SBR forever? If I try to sell it, it will be a pain even if I take the brace off. Just checking if anyone knows.

 

[edwea]

My assumption is that if you form 1 it, it will need to transfer on a form 4. After you do the form 1, it is an nfa item. Or take it off the registry.

 

[bobjones223]

My assumption is that if you form 1 it, it will need to transfer on a form 4. After you do the form 1, it is an nfa item. Or take it off the registry.

Ohhhhhh boy...who else here sees that rats nest this is going to create?

If everyone goes through with a NFA tax stamp on these and then half the people decide to sell them because they are done with them and think "I will just take the brace off and sell it as a pistol to save time on trying to get rid of it."

We are entering very tricky times indeed!

 

[nonobaddog]

Ohhhhhh boy...who else here sees that rats nest this is going to create?

If everyone goes through with a NFA tax stamp on these and then half the people decide to sell them because they are done with them and think "I will just take the brace off and sell it as a pistol to save time on trying to get rid of it."

We are entering very tricky times indeed!

Wow, that would make even more felons, which is not a problem for dumocraps.

 

[76Too]

Ohhhhhh boy...who else here sees that rats nest this is going to create?

If everyone goes through with a NFA tax stamp on these and then half the people decide to sell them because they are done with them and think "I will just take the brace off and sell it as a pistol to save time on trying to get rid of it."

We are entering very tricky times indeed!

100% why it’s better to not even deal with this nonsense.

Take your braces off if you feel like it’s the right decision for you…but do not comply with this NFA form registration garbage.

This is a honey pot for the AFT when confiscation comes down the pike (and it will.)

Keeping your braces and storing them separately from your pistols has not been outlined as being against their interpretation (fake law). The mere possession of a pistol brace not attached to a host firearm does not make you a felon.

 

[MinuteManMike]

I heard a twist to this issue the other day in a gun shop. Employee there said if your current brace-equipped pistol has a tube that can readily have a brace added to it, it's still a NFA item even without a brace on it.

Anyone have any information on this?

 

[Aszerigan]

I heard a twist to this issue the other day in a gun shop. Employee there said if your current brace-equipped pistol has a tube that can readily have a brace added to it, it's still a NFA item even without a brace on it.

Anyone have any information on this?

Not correct. Removing the brace is considered enough.

 

[Aszerigan]

The mere possession of a pistol brace not attached to a host firearm does not make you a felon.

Actually, it can. Assuming you have a firearm that can use a brace, intent to construct can be assumed if the items are stored together.

 

[MinuteManMike]

Actually, it can. Assuming you have a firearm that can use a brace, intent to construct can be assumed if the items are stored together.

Yeah... trying to decide where to store mine while this gets sorted out if it's not put on hold by the courts before 37 days from now.

 

[stocknup]

Keeping your braces and storing them separately from your pistols has not been outlined as being against their interpretation (fake law). The mere possession of a pistol brace not attached to a host firearm does not make you a felon.

Removing the brace is considered enough.

Have been following several outlets and threads on here and I am still not convinced one way or another what will be legal or not ,??
I just keep getting more confused ....... .......Are there any statements by any agencies that agree with what you have both posted ? Thanks !

 

[Aszerigan]

Yeah... trying to decide where to store mine while this gets sorted out if it's not put on hold by the courts before 37 days from now.

Anywhere you want to, just not in the same safe together.

 

[76Too]

Actually, it can. Assuming you have a firearm that can use a brace, intent to construct can be assumed if the items are stored together.

Define ‘stored together’.

…exactly. Clear as mud. You can’t.

This is what I was referring to with the ‘slippery slope’ I witnessed in my lifetime in Massachusetts.

I was mocked on INGO 3 years ago when I warned this nonsense would be coming here.

That being said…there’s no real need for a brace to be in my safe. If someone is targeting my home for a break in and they take a $150 brace out of my closet I’m not going to lose sleep over it. Maybe they’ll turn it in to the ATF for me?!?!?

 

[BR8818]

Does anyone know if I sell my rifle at some point after registering it for the pistol brace, will the buyer need to also fill out a form 1? I'm assuming once I register it, it will be a SBR forever? If I try to sell it, it will be a pain even if I take the brace off. Just checking if anyone knows.

If you sell it in SBR configuration the buyer would need to file a form 4. If you sell it in NOT SBR configuration (replace the barrel with something 16") it's just a rifle no form is needed, and the buyer would have to file their own form 1 if they wanted to make it a SBR again.

Form 1 is for making an NFA item. You already made it, so the buyer would need a form 4. Form 4 is for transferring an NFA item.

 

[INPatriot]

I posted this in the legislation thread, but if some of you have not seen it, here is Thomas Massie educating the head of the AFT on the absurdity of this move. At the 1:10 mark, Massie corners Dettelbach on the original SB Brace and it's separation from the buffer tube.

 

[BigRed]

I posted this in the legislation thread, but if some of you have not seen it, here is Thomas Massie educating the head of the AFT on the absurdity of this move. At the 1:10 mark, Massie corners Dettelbach on the original SB Brace and it's separation from the buffer tube.

Scum of the scum.

 

[FNparabellum]

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.

Talking to my lawyer the issue is you cant form a trust to put these in after January. So if you waited to see what was guna happen then your SOL. Essentially these guns die with you.