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UPDATE 10/3 - Injunction covers all FPC members - ATF publishes their pistol brace rule

There are so many competing opinions of what this all means, it’s a little hard to enforce. How are we to say, for instance, that the traders are not indeed handicapped and perfectly legal to use one?
I am not speaking as a site representative as Okuma has not made his decision yet. I am only thinking out loud.

Actually, right this second it's pretty simple.

1) The new rule hasn't been enjoined or overturned (yet) so it technically is law.

2) It says that since braced pistols are now SBRs they cannot be transferred without paperwork. Even an SOT transferring to another SOT is told to use the correct Form (4 I think?) to transfer it legally.

3) There is no way for a private individual to legally transfer one of the guns right now, since they don't have the Form 1 required to start the process.

Essentially, after the rule was published on 12/31 this site could be considered to be aiding and abetting the commission of a felony.

This is no different than the bump-stock rule in that regard. No matter how dumb it's the law until it isn't.

In reality, is the ATF going to track down and prosecute a user who sells a braced pistol privately... Probably not.

However a nice fixed target like an FFL or a web site, where the evidence is plainly posted and there's no effort to comply with the new rule could be a different matter.

If people want to dump their 'SBR' pistols they just need to create two separate sales. One for the pistol, and one for the brace. There's no way the ATF could implicate ODT if that format was used, since neither one is illegal by itself.


It’ll never stick. They’ll be sued to high heavens. I don’t understand why you all are getting your parties in a bunch.

You are probably right, but when it comes to courts you never know. And even if it's eventually overturned, that could be years down the road. Or it could be in 2 weeks.

That's why the only good advice I've really heard about this whole thing is to simply wait a month and see where we are.
 
The rule is not law, it is how the ATF is now interpreting the law (NFA). And the notice is the ATF telling everyone what their interpretation of that law is, and how they will proceed from now on as per enforcement of that law.
Now it’s up to the courts if they actually charge someone. If they charge a person that has an actual disability and needs a brace to shoot, I think they will lose. On the other hand, if they charge someone that owns one and is not disabled I think they will win, as per the NFA as written.

The NFA is the abomination, and yet everyone is upset with interpreting of one small part of the whole law. LOOKY, LOOKY.
 
I agree with you that the whole NFA is stupid and pointless. But I disagree with you that this rule isn't 'law'.

Until it's enjoined or revoked it has the force of law, just like the bump stock rule did, and multiple other rules that the ATF has issued over the years.

Whether the ATF enforces it or not is completely up to them, but places that are likely targets probably need to assume that they are in the cross-hairs.

As I mentioned in one of the 10,000 other threads about this, they are already targeting FFLs, so they could easily use this rule to pull someone's license if they transfer one after 12/31. Even if the rule is overturned, they would still probably win that case.

I would think ODT would be in a similar position. Not federally licensed, but we all know that sites like this, that facilitate private transfers, are something the various TLAs keep track of.

I doubt there would be any tears shed at ATF if they could shut you down for facilitating the illegal transfer of SBRs.
 
We also allow or”facilitate” sales of SBRs and other NFA items. Only part we play is that we make sure it’s listed in a way that properly informs any potential buyer that there would be legal steps involved.
 
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How about let Okuma and his staff worry about it? Ever since it was announced, you have been spouting off about all kinds of nonsense, a lot of which you were incorrect on until it was published. If you are not a lawyer, an ATF agent, or an owner of this website - sit down, shut up, and mind your own business. After your "a-hole" post - we get it, you don't like braces or people posting them. Let the staff of this website handle it and take you a break, you've been posting comments since it was announced and it was posted the the DOJ website.
 
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