Pistol Brace Info

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  • Chalky

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    The text:
    "removal of the ‘‘stabilizing brace’’ so that it cannot be reattached to the firearm;"
    To me this text is referencing the brace not the buffer tube. The brace is what needs to be removed and destroyed or made not to work. The brace is the NFA item. Can't buy or sell one without NFA process as of 1/31. This is the grace period for braces currently owned. So remove/destroy or register them.

    I do think, as you alluded to, that a "standard/original" style round pistol buffer tube would be best if not registering. One with no slots/dimples/holes/screws or anything to attach or adjust a brace or stock.
     

    Cameramonkey

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    To me this text is referencing the brace not the buffer tube. The brace is what needs to be removed and destroyed or made not to work. The brace is the NFA item. Can't buy or sell one without NFA process as of 1/31. This is the grace period for braces currently owned. So remove/destroy or register them.

    I do think, as you alluded to, that a "standard/original" style round pistol buffer tube would be best if not registering. One with no slots/dimples/holes/screws or anything to attach or adjust a brace or stock.
    But as long as the buffer tube is the same size or smaller, a brace can still be attached. So I think it still is at risk of being illegal. Based on the language, the only fix would be adding a larger tube that would prevent re-attachment.

    EDIT: Not trying to be argumentative. I just trust .gov as far as I can throw a D5 bulldozer.
     
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    Chalky

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    But as long as the buffer tube is the same size or smaller, a brace can still be attached. So I think it still is at risk of being illegal. Based on the language, the only fix would be adding a larger tube that would prevent re-attachment.
    A brace could be attached or modified to attach to anything including non-AR pistols. If you do that, then you are "illegal". Pistol buffer tubes are not NFA items. A larger buffer tube still doesn't keep a brace from being installed. If your interpretation is correct, then all AR pistols would be NFA items. ATF FAQs currently state this is not the case. I do "see" what you are saying though.
     

    Aszerigan

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    To me this text is referencing the brace not the buffer tube. The brace is what needs to be removed and destroyed or made not to work. The brace is the NFA item. Can't buy or sell one without NFA process as of 1/31. This is the grace period for braces currently owned. So remove/destroy or register them.

    The brace is NOT the NFA item. The receiver attached to the brace is the item to be registered. The brace is only a firearms part like a normal stock. And you can buy, sell, trade, purchase and otherwise transfer a brace without any paperwork at all. They made this very clear in the training.

    Dealers were told that they can be sold as parts. They can be removed from the pistol in dealer possession and sold individually, hence the constructive intent stipulation.

    But as long as the buffer tube is the same size or smaller, a brace can still be attached. So I think it still is at risk of being illegal. Based on the language, the only fix would be adding a larger tube that would prevent re-attachment.

    EDIT: Not trying to be argumentative. I just trust .gov as far as I can throw a D5 bulldozer.
    Yes, the brace can be reattached, but the ATF stated that the buffer tube without a brace does not make the pistol an NFA item. A pawnbroker can not return your pawned braced pistol to you, but if they remove the brace, they can. Weird, right?
     

    Aszerigan

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    A brace could be attached or modified to attach to anything including non-AR pistols. If you do that, then you are "illegal". Pistol buffer tubes are not NFA items. A larger buffer tube still doesn't keep a brace from being installed. If your interpretation is correct, then all AR pistols would be NFA items. ATF FAQs currently state this is not the case. I do "see" what you are saying though.
    Again, not correct. You can put a brace on a rifle and it's not an NFA item. It's just a rifle with a brace.

    Not all pistols would be considered NFA items after the May 31, 2023 deadline either. Only pistols with a brace attached would need to be registered or disassembled before that date.
     

    Chalky

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    Again, not correct. You can put a brace on a rifle and it's not an NFA item. It's just a rifle with a brace.

    Not all pistols would be considered NFA items after the May 31, 2023 deadline either. Only pistols with a brace attached would need to be registered or disassembled before that date.
    Thanks for the clarifications and info!
     

    Mgderf

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    So what if a buffer tube manufacturer were to make a tube with…an excess of material on the back end?
    That would be considered a stock and immediately subject to NFA rules.
    So, what if some enterprising person decided to market a shooting jacket with a "socket" built into the shoulder? :D
     

    wcd

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    But as long as the buffer tube is the same size or smaller, a brace can still be attached. So I think it still is at risk of being illegal. Based on the language, the only fix would be adding a larger tube that would prevent re-attachment.

    EDIT: Not trying to be argumentative. I just trust .gov as far as I can throw a D5 bulldozer.
    I am impressed I have never seen someone throw a D5 so far, that must be a world record!
     

    Tyler-The-Piker

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    According to the ATF, you don’t even need to put a pistol tube on the receiver. Simply removing the brace is enough. Their rationale is there isn’t enough surface area on the standard buffer tube to shoulder fire it.
    Are you sure that's correct? I thought they also mentioned types of sights, weight, LOP, etc. In which any or all of those can be used by the ATF to determine if your pistol is an SBR. Kind of like a politician's definition of porn: "we'll know it when we see it".
     

    Aszerigan

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    Are you sure that's correct? I thought they also mentioned types of sights, weight, LOP, etc. In which any or all of those can be used by the ATF to determine if your pistol is an SBR. Kind of like a politician's definition of porn: "we'll know it when we see it".
    The only sights that were mentioned specific to SBRs were magnifiers for red dots.

    Their weight stipulations were non-specific and they skirted the question when someone brought it up. The LOP has to do with the sight relief. Again, they were vague.
     

    ACC

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    Any guidance on micro conversion kits (ie. MCK, Flux, Recover Tactical)? Can I just FREE Form 1 the Glocks that I have in one of these kits?
     

    Cameramonkey

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    Are you sure that's correct? I thought they also mentioned types of sights, weight, LOP, etc. In which any or all of those can be used by the ATF to determine if your pistol is an SBR. Kind of like a politician's definition of porn: "we'll know it when we see it".
    You may be thinking back to form 4999 or whatever it was that they used to calculate whether it was a pistol or not. I believe that fell by the wayside when they decided to "go for broke" and just call them ALL SBRs.
     

    Aszerigan

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    So, just for additional informtion - I've done four of the tax free forms in the past day for someone. They are not asking for photos of the firearms at the time of submission (although there is a caveat that they can ask for them in the future as needed). It's also requiring two fingerprint cards, not one as they stated in the informational interview.

    It's a very quick process and exactly like a standard form 1 minus the pay.gov window.
     
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