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I know another post about the ATF brace rule. Please watch the video from GOA.

Can anyone actually confirm two big assertions these guys made in the video?

  • FBI no longer doing background check, ATF is doing them.
    • How could this even work? NICS is a national database FBI system, why would they duplicate this at another agency? Or if the ATF agent is simply the one submitting for the bg check in NICS, that doesn't materially change anything. It's still the FBI.
  • If the background check fails, that's an "automatic denial" of the application.
    • The guidance states that (for this rule at least), if the FBI background check fails (open NICS request?), the application goes back to the filer as "Return without Action", not "Disapproved". It goes on to specifically direct filers to the FBI to resolve the failed background issue. Once resolved, the filer will need to resubmit on a paper Form 1. That doesn't sound like "automatically denied".
  • https://www.atf.gov/rules-and-regulations/docs/undefined/eformone-externalguidancewithqapdf/download
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I won't pretend to know more than these guys, but sometimes it seems people muddy the waters more than they help. I suggest you do your own due diligence. The way I read this, it's pretty clear that the forbearance period would keep you out of legal trouble were the ATF to come after you, assuming you comply.

Starts on page 11.



While firearms equipped with“stabilizing braces”or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a “stabilizing brace” are likely to be classified as “rifles” because they are configured for shoulder fire based on the factors described in this rule. Becausemanyofthesefirearmsgenerallyhaveabarrelofless than 16 inches, they are likely to be classified as short-barreled rifles subject to regulation and registration under the NFA and GCA.

Consequently, many parties in possession of weapon and “brace” combinations that ATF did not specifically classify in the past as being subject to the NFA may have been violating the NFA by possessing an unregistered rifle with a barrel of less than 16 inches. Inaddition,wheretheDepartmentisoverrulingATF’spreviousclassification letters, possessors of the firearms equipped with “stabilizing braces” that were at issue in those letters may also be in possession of unregistered NFA firearms. Prior to the publication of the NPRM and this rule to clarify the regulatory definition of a rifle, many parties did not register these firearms due to a variety of factors discussed in this rule. Therefore, in exercising its enforcement discretion, the Department provides affected persons options that they can choose from by [INSERT DATE 120 DAYS FROM THE DATE OF PUBLICATION IN THE FEDERAL REGISTER] to comply with the statutory requirements. For example, possessors of such weapons, whether an unlicensed individual or an FFL (regardless of SOT status), may register the firearms to comply with the statutory requirements. As discussed in section V.B of this preamble, ATF strongly encourages affected parties to use the eForms system (https://eforms.atf.gov) to submit an electronic version of the appropriate NFA forms.

Any penalties for failure to take the necessary action for these existing firearms to comply with Federal law would result only from conduct occurring after this time period to take action ends.

Provided the registration form is properly submitted and documented within the defined time period, the Department will consider individuals to be in compliance with the statutory requirements between the date on which a person’s application is filed and the date a person receives ATF approval or disapproval of the application
. After the 120- day registration period following publication of this rule, registration of previously made or manufactured weapons with a “stabilizing brace” that constitute NFA firearms will not bepermitted. The Department at that time may take enforcement action against any person in possession of an affected firearm that is a short-barreled rifle for which a registration has not been submitted.

Apart from registration, there are other options that are set out in section V.B. of this preamble that include modifying affected weapons to remove them from the definition of a short-barreled rifle, destroying the firearm, or surrendering the firearm to lawenforcement. Registeringthefirearmormodifyingtheconfigurationofsucha firearm within the defined time period will enable affected persons to lawfully retain possessionoftheirfirearmunderFederallaw. Whilepossessorsofsuchweaponswill themselves be able to apply the factors outlined in the amended regulatory text, ATF is publishing information simultaneously with this rule that will inform the public of both (1) common weapon platforms with attached “stabilizing brace” designs and (2) examples of commercially available firearms equipped with a “stabilizing brace” that are short-barreled rifles. Additionally, an individual may contact ATF to receive a determination of whether their firearm equipped with a “stabilizing brace” is a rifle as defined by the GCA and NFA.

The Department has determined that, as a matter of its own enforcement discretion, it will not, as the NPRM suggested as an option, require individuals and FFLs without an SOT that timely register their affected weapons with a “stabilizing brace,” which are in their possession as of the date this rule is published, to pay the $200 making taxusuallydueuponsubmissionofsuchanapplicationtoregister. Likewise,Type7 FFLs (regardless of SOT status) that timely register the weapons with a “stabilizing brace” that qualify as an NFA firearm and that are still in their inventory—i.e., that have not been sold or otherwise transferred—will not owe any making tax for these weapons. Furthermore, the Department has determined that, as a matter of its own enforcement discretion, it will not seek to collect retroactive taxes (i.e., $200 making or $200 transfer tax) typically required for each weapon with a “stabilizing brace” that qualifies as an NFA firearm that was manufactured or transferred at any time prior to the date of the publication of this final rule. See section V.C.
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 safety. Therefore, ATF may enforce the NFA against any person or entity that—any time after the publication date of this rulenewly 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).
 
I admit I didn’t read in their entirety any if these threads but did search for opinions on web as well.

So if someone applies for a stamp under amnesty period $200 may be waived.

However you cannot exchange brace for a stock ? this Seems to be the case which seems odd as SBR is and SBR right?

screw a brace if I have to register I want a stock
 
I admit I didn’t read in their entirety any if these threads but did search for opinions on web as well.

So if someone applies for a stamp under amnesty period $200 may be waived.

However you cannot exchange brace for a stock ? this Seems to be the case which seems odd as SBR is and SBR right?

screw a brace if I have to register I want a stock
Pretty sure once it's an SBR you can swap the brace for a stock... It's still a Form 1
 
I
Pretty sure once it's an SBR you can swap the brace for a stock... It's still a Form 1
I assumed same but read where if amnesty application send phot with brace

odd maybe just trying to keep folks from getting freebies like anything is free the imperialist exist because we feed them money
 
If there was ever (another) case for civil disobediance, this is it.
The concept that an unregulated government agency can arbitrarily declare 40 million people potential felons by the stroke of a pen is beyond scary.
The idea that there will be people lining up to offer their information and evidence of commiting said felony is absurd... yet, here we are!
Did the ATF intentionally set a trap to ensnare a ton of otherwise lawful gun owners? I dunno, but I wouldn't put anything past them. Are a ton of gun owners going to forfeit their 5th amendment rights and incriminate themselves by sending their information begging for permission to own a piece of plastic? Yeah... that wouldn't surprise me either.
 
If there was ever (another) case for civil disobediance, this is it.
The concept that an unregulated government agency can arbitrarily declare 40 million people potential felons by the stroke of a pen is beyond scary.
The idea that there will be people lining up to offer their information and evidence of commiting said felony is absurd... yet, here we are!
Did the ATF intentionally set a trap to ensnare a ton of otherwise lawful gun owners? I dunno, but I wouldn't put anything past them. Are a ton of gun owners going to forfeit their 5th amendment rights and incriminate themselves by sending their information begging for permission to own a piece of plastic? Yeah... that wouldn't surprise me either.
Well said sir.
 
Can’t understand why anyone would come to someones thread and **** in the middle of it!!!??? Takes a real dick to do something like that.

Again thank you for posting this, it’s the first time i had seen it!!!!

Meanwhile they have a thread in the very title they call everyone assholes. Lol.

The lack of self awareness is hilarious.
 
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