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Did I just discover the tax exempt form 1 trap? Is this some sneaky BS?
- Thread starter GeorgiaShooter
- Start date
I watched both hearings and it was astounding this country and the bureaucracy have us in a toilet bowl spin
Since GCA '68 handed the power to determine these kind of things over to the Attys. General it shouldn't be a surprise.
Congress can't be bothered to try and come up with legally sensible laws, so they pass some BS and tell the bureaucrats to figure it out.
Congress can't be bothered to try and come up with legally sensible laws, so they pass some BS and tell the bureaucrats to figure it out.
Update if interested. So I went back on Silencer Shop and edited my registration types to "individual" and my two form 1s went back into "in progress" status. I spoke with their support team for more clarification.
Yes this is a dumb "you'll know what's in the rule after we drop it" kind if thing, where you would likely never have a pistol in a trust prior to the rule. So almost by default everyone that allows themselves into this dumb thing makes that gun a permanent NFA item as an individual, it will not be on your trust. You can of course pay the 200 per gun and get it into your trust. Or setup a special custom trust that covers all guns previously purchased. Which frankly means this is NOT a free tax stamp in the true sense and you must pay 200 each to get where you really want to be. And once NFA you cannot sell it later as a pistol if you remove the brace. Although it does not have to be engraved. Since your pistol will then be an SBR you are permitted to install a real stock, vertical grip or anything you want. You're simply required to be present with your paperwork and not able to loan it to your relatives or trustees listed in your trust.
The only good thing about doing this with my 9mm MPX is that I can now shoot it in USPSA matches. But if I cross state lines to shoot a match I have to go through a month delay paperwork process which is also CRIMINAL BS in my mind. Government, making you safer every day.
P.S, One edit. I believe you actually can remove it from registry and it no longer be an SBR if you also remove the stock. I guess this gets complicated.
www.atf.gov
Yes this is a dumb "you'll know what's in the rule after we drop it" kind if thing, where you would likely never have a pistol in a trust prior to the rule. So almost by default everyone that allows themselves into this dumb thing makes that gun a permanent NFA item as an individual, it will not be on your trust. You can of course pay the 200 per gun and get it into your trust. Or setup a special custom trust that covers all guns previously purchased. Which frankly means this is NOT a free tax stamp in the true sense and you must pay 200 each to get where you really want to be. And once NFA you cannot sell it later as a pistol if you remove the brace. Although it does not have to be engraved. Since your pistol will then be an SBR you are permitted to install a real stock, vertical grip or anything you want. You're simply required to be present with your paperwork and not able to loan it to your relatives or trustees listed in your trust.
The only good thing about doing this with my 9mm MPX is that I can now shoot it in USPSA matches. But if I cross state lines to shoot a match I have to go through a month delay paperwork process which is also CRIMINAL BS in my mind. Government, making you safer every day.
P.S, One edit. I believe you actually can remove it from registry and it no longer be an SBR if you also remove the stock. I guess this gets complicated.
If I no longer want a short-barreled rifle (SBR) and I remove the “brace,” do I need to contact the NFA to un-register my SBR with an attached “stabilizing brace”? | Bureau of Alcohol, Tobacco, Firearms and Explosives
It is not a requirement to remove your SBR from the National Firearms Registration and Transfer Record (NFRTR); however, ATF highly recommends you notify the Government Services Branch (GSB) of the National Firearms Act Division to remove the firearm from the NFRTR registry. All NFRTR updates...
Yes, it's pretty simple to remove an SBS/SBR from the registry. Just make it a regular rifle or shotgun again and send the ATF the right form.
It's not as much of a problem with the 'free' form since there no requirement to engrave the 'makers' information on it like with a regular Form 1.
In this case you would simply pull off the brace/stock (why would you keep the brace?) and it's back to being a pistol again.
With a regular Form 1 gun you should probably have the ATF remove it from the registry since it will have your identifying markings engraved on it.
It's not as much of a problem with the 'free' form since there no requirement to engrave the 'makers' information on it like with a regular Form 1.
In this case you would simply pull off the brace/stock (why would you keep the brace?) and it's back to being a pistol again.
With a regular Form 1 gun you should probably have the ATF remove it from the registry since it will have your identifying markings engraved on it.
just another data point to add to the confusion- the date that the regulation went into "effect" was January 31st. This was the date that the rules were published to the Federal Register, so that's the date that most of the rulings start. Hence the May 31st window for registration (120 days after publication).
For example, my understanding is that you would need to have bought/paid for the "pistol" and added it to your trust via an Assignment of Property prior to the January 31st in order to qualify for the "freebie" SBR (i.e. not pay the $200 tax stamp).
I haven't seen anything saying the Assignment of Property had to be notarized as legally that's not a requirement in any trust for the Assignment. I know people were doing it to cover their bases, but AFAIK it is not required by BATFE. I haven't looked it up but that's what I read at one point.
For example, my understanding is that you would need to have bought/paid for the "pistol" and added it to your trust via an Assignment of Property prior to the January 31st in order to qualify for the "freebie" SBR (i.e. not pay the $200 tax stamp).
I haven't seen anything saying the Assignment of Property had to be notarized as legally that's not a requirement in any trust for the Assignment. I know people were doing it to cover their bases, but AFAIK it is not required by BATFE. I haven't looked it up but that's what I read at one point.
