ATF: No Such Thing As A Free SBR

[Bob A]

This quote from MD 2A thread should inform and delight all those who thought they were getting a free SBR stamp:

Got 2 approved after about 60 days (amnesty registration). All I received from ATF were email notifications. No hard copy has been sent.

When I submitted these there was a popup window stating words to the effect that the ATF Director considered that the free registration only applied to firearms maintained in their original "braced" configuration.

This plus the fact that I wasn't able to register these in my trust (since it didn't exist when the rule was published) may cause me to actually pay for stamps for these in the future.

 

[Jimgoespewpew]

It was a trap and we knew it. Most of us, anyway

 

[ken792]

This quote from MD 2A thread should inform and delight all those who thought they were getting a free SBR stamp:

Both of these points were addressed long ago. It’s not news.

https://www.atf.gov/firearms/docs/undefined/final-rule-2021r-08f-frequently-asked-questions-and-sba-compliance-guide-2/download

It means that it only applies to pistols with braces at the time of the publishing of the rule that still had them at the time of filing. It was never meant to be for people to tax free Form 1 non braced pistols or actual stocked SBRs.

Only the entity that possessed the braced pistol at the time of publishing could Form 1 them, which is why a trust/person taking possession afterwards didn’t count.

 

[Bob A]

Thanks. . . . . I suppose.

 

[ak47drummer]

Interesting!

 

[Combloc]

LOL. Free SBR........

 

[ak47drummer]

Yeah I was on the fence about registering...I don't like playing a game when they change the rules but I liked my braced pistol more

 

[RRomig]

Tax exempt and can change out the stock. Yeah it was a bargain. I did 3. One will stay original at 26”. The other two received better stocks and then I had one leftover in 9mm I just made FA.

 

[RRomig]

LOL. Free SBR........

There’s certainly a catch having an SBR over a braced pistol but for many that we’re planning on going that way it was Christmas in February

 

[jrumann59]

All the guns (built from stripped lowers) I registered were never rifles and identified as braced pistols.....

 

[IMBLITZVT]

Yup, this actually worked out well for me. I got 2 free SBRs. I did not want pistols but I figured this would happen and so I got 2 just waiting for this. Now hopefully the law is overturned and I can keep my 2 SBRs and everyone can continue buying brace gun pistols.

 

[ericoak]

It was a trap and we knew it. Most of us, anyway

Knew what? The OP is confusing but if he saying amnesty braced pistols with approved Form 1s can't remove the brace and attach a stock then I'm pretty sure he is wrong.

 

[outrider58]

Knew what? The OP is confusing but if he saying amnesty braced pistols with approved Form 1s can't remove the brace and attach a stock then I'm pretty sure he is wrong.

I was always under the impression, any Md "free SBR stamp", the brace would have to stay on, if the gun would not make the >29" OAL. Any "free SBR stamp" in Md over 29", could get rid of the brace. I plea ignorance though, because I decided to sit out the whole thing.

 

[Doctor_M]

I was always under the impression, any Md "free SBR stamp", the brace would have to stay on, if the gun would not make the >29" OAL. Any "free SBR stamp" in Md over 29", could get rid of the brace. I plea ignorance though, because I decided to sit out the whole thing.

This is my understanding as well.

 

[IMBLITZVT]

I was always under the impression, any Md "free SBR stamp", the brace would have to stay on, if the gun would not make the >29" OAL. Any "free SBR stamp" in Md over 29", could get rid of the brace. I plea ignorance though, because I decided to sit out the whole thing.

Please post links to support this? I might have missed it but I don't see how some SBRs would be different than other SBRs. By registering it as an SBR, its no longer a pistol. So that does not make sense to me.

 

[sxs]

I was always under the impression, any Md "free SBR stamp", the brace would have to stay on, if the gun would not make the >29" OAL. Any "free SBR stamp" in Md over 29", could get rid of the brace. I plea ignorance though, because I decided to sit out the whole thing.

My braced 9mm AR pistol had a 10-1/2" barrel. I had no issue with reaching 26" for Fed compliance or 29" oal for MD compliance by going from an SB brace to an SB3 with a multi position buffer tube. I considered doing the "free sbr". But, I figured either MSP or ATF would eventually play some further games with the issue, so I just replaced the barrel with a 9mm Stoner barrel they had from Midwayusa earlier this year. No I have a 16.1" 9mm AR PCC with the multi position brace and don't have to worry about law changes unless they outlaw 9mm ARs completely. I guess you could say I sidestepped the whole issue for now. My other ARs are all rifles

 

[ken792]

Please post links to support this? I might have missed it but I don't see how some SBRs would be different than other SBRs. By registering it as an SBR, its no longer a pistol. So that does not make sense to me.

For state regulatory purposes, SBRs are simultaneously handguns and rifles. Semi auto SBRs are considered subject to the state’s 29” OAL of the assault long gun ban’s copycat definition.

MSP issued an advisory that they consider braced SBRs to remain purely handguns under state law. That’s why braced SBRs are not subject to the state’s 29” OAL.

 

[outrider58]

Please post links to support this? I might have missed it but I don't see how some SBRs would be different than other SBRs. By registering it as an SBR, its no longer a pistol. So that does not make sense to me.

Hopefully Ken792 answered your question. Like I said, I decided(a while ago) I would not play the "free stamp" game. I already have a 9mm SBR and I like my AR9 pistols just as they are, lengthwise. When I am able to finally bid farewell to this godforesaken POS of a state, I will gladly SBR my AR9 pistols with 5" barrels and put legitimate stocks on them.

To me, the dichotomy between Md and the AFT's definition(s) of what a legal SBR was, made no sense to me, given Md's ridiculous 29" rule.

 

[outrider58]

My braced 9mm AR pistol had a 10-1/2" barrel. I had no issue with reaching 26" for Fed compliance or 29" oal for MD compliance by going from an SB brace to an SB3 with a multi position buffer tube. I considered doing the "free sbr". But, I figured either MSP or ATF would eventually play some further games with the issue, so I just replaced the barrel with a 9mm Stoner barrel they had from Midwayusa earlier this year. No I have a 16.1" 9mm AR PCC with the multi position brace and don't have to worry about law changes unless they outlaw 9mm ARs completely. I guess you could say I sidestepped the whole issue for now. My other ARs are all rifles

I understand completely and agree with your decision go a different route. The "it's a pistol-it's an SBR" thing bother me too. I already owned an AR9 SBR(11.5" bbl) and I had no desire for another. My AR9 pistols have 5" barrels and I planned on keeping them that length. They will eventually be SBR'd once I move from Md.

 

[ericoak]

For state regulatory purposes, SBRs are simultaneously handguns and rifles. Semi auto SBRs are considered subject to the state’s 29” OAL of the assault long gun ban’s copycat definition.

MSP issued an advisory that they consider braced SBRs to remain purely handguns under state law. That’s why braced SBRs are not subject to the state’s 29” OAL.

Yea but the whole point of filling a form 1 is so that you can replace the brace with a stock legally. Once you put the stock on an SBR it has to be 29” or longer but it isn’t a braced pistol.

The OP seemed to suggest that the ATF said you can’t replace the brave with a stock once the Form 1 is approved.