How many a-holes will be dumping braces and braced guns on here over the next week?

[spencer60]

so NO brace of any sort or manufacturer can be in the possession of a legal gun owner? can a brace be on a 16" barreled weapon?

No idea on that... I don't know if they will go the whole 'constructive intent' route if you have a brace and a gun that it will fit, but it isn't actually attached.

I'm sure a brace can be on a 16" rifle since that's one of the 'solutions' they give in their little chart.

 

[jaxyaks]

Damn we are Fighting amongst Ourselves on a rule and the way it reads!

It isnt law yet! As far as I understand (right or Wrong) and the Transfer of them from what I have read and seen deals with FFL transfers not private sales as of right now.

ATF frowns upon private sales anyway! it is not illegal to do private sales. My ar pistol is just that still for now!

I think this is the paragraph that is giving pause (and confusion) on the sales...once entered in the Register (probably tomorrow) according to them this paragraph will apply to transfers. (According to them, there is a 60 day grace period for enforcement of transfers). (Again, according to them)

"Notwithstanding the 120-day compliance period, discussed above, the rule is immediately effective in that the Department may seek to enforce the NFA’s requirements with respect to any new making or new transfer of a weapon with an attached“stabilizingbrace”thatconstitutesashort-barreledrifleundertheNFA. The Department believes that delaying enforcement of the relevant NFA provisions is not necessary to allow an equitable opportunity for compliance because all persons, through publication of this rule, have received notice that the NFA may in fact apply to their conduct. Furtherdelayingenforcementalsowouldbeinconsistentwithpublic
14
safety. Therefore, ATF may enforce the NFA against any person or entity that—any time after the publication date of this rule—newly makes or transfers a weapon with an attached “stabilizing brace” that constitutes a short-barreled rifle under the NFA. For purposes of the Congressional Review Act, however, the Department will wait to actually initiate such enforcement actions for at least 60 days from publication of the rule in the Federal Register. See 5 U.S.C. 801(a)(3)."

(Page 14/15)

 

[jaxyaks]

It will never be law. The ATF doesn't write bills or create them into laws. That's the whole issue with it from the start.

While I agree and hope you are correct, and they do not write bills, The NFA (right are wrong) is law, and they are attempting (rather poorly) to use this as an interpretation of a law that already exists by clearing up previous interpretations of the law and clarify definitions of items already in law.

It will be interesting to see this play out. Pretty quiet from the congress side of the house so far....suprising as one of the big no no's they are doing with this is circumventing tax law.

 

[sparked1]

Does it say somewhere in the new rule that you cannot posses a brace and a pistol? Or does it say that when the brace is attached to the pistol it is considered a SBR?

It kinda says both. You can only possess the brace and a pistol if you make the brace inoperable to where it can’t be attached. In terms of “constructive intent”, that’s pretty much the same as it’s always been.

The simplest way to interpret all this nonsense is that braces are now stocks and any “pistol” with a bbl under 16” cannot have anything protruding from the back, not even a plain buffer tube, otherwise it’s an sbr.

 

[sparked1]

No idea on that... I don't know if they will go the whole 'constructive intent' route if you have a brace and a gun that it will fit, but it isn't actually attached.

I'm sure a brace can be on a 16" rifle since that's one of the 'solutions' they give in their little chart.

Yeah, the constructive intent thing is nothing new, so I suspect they’ll keep enforcing that to the extent which they have always done. But constructive intent is called out by ATF specifically in response to one of the comments which is why I called it out here.

Sure, you can put a brace on a 16 inch rifle because now a brace will effectively be considered a stock.

 

[AcesN8s]

Welp back to the old padded buffer tube

 

[sniper22]

By the rule of constructive intent, a man could be sued for rape, on the grounds the he posses the proper equipment....

 

[sparked1]

Welp back to the old padded buffer tube

I have some bad news for you.

 

[Seacap]

Remove the brace, put a round in the barrel, so it can’t be shot, take the brace off..and wait for this to go to the Supreme Court!

 

[Blaze]

By the rule of constructive intent, a man could be sued for rape, on the grounds the he posses the proper equipment....

That's exactly how the alphabet police work...LOL