ATF Coming After Firearms with Stabilizing Braces

[outrider58]

Prior to MD making face to face transfers a regulated transaction, someone could have purchased a rifle and later transferred ownership to their NFA trust. Correct? There really wouldn't be any paperwork on that except the rifle being added to the trust's schedule A.

I wish I could help, but just don't know. You'd have to ask a lawyer or read your trust to see if there is a mechanism in there for that.

 

[Kharn]

Mock v Garland, DOJ response, this is the Firearms Policy Coalition case.

 

[MigraineMan]

Has the ATF ever come after a legally owned SBR, silencer, or machine gun?
I'm not trying to be a smartass, I genuinely want to know.
I've owned a stamp for a silencer for several years and haven't heard anything from them.

Only if you've broken a law....

Or if you've purchased diesel fuel filters in quantities the AFT doesn't appreciate.

 

[[Kev308]]

Or if you've purchased diesel fuel filters in quantities the AFT doesn't appreciate.

It's a crime to protect your hearing.

 

[cmartin]

Have seen recently several folks that claimed to have been in hearings/meetings with ATF make it clear that by removing the Brace and storing it separately you have in fact made your AR into a Pistol with say a 10.5 barrel. The buffer tube seems to be OK. Am I missing something. I know that Pistols are not NFA

 

[RRomig]

Have seen recently several folks that claimed to have been in hearings/meetings with ATF make it clear that by removing the Brace and storing it separately you have in fact made your AR into a Pistol with say a 10.5 barrel. The buffer tube seems to be OK. Am I missing something. I know that Pistols are not NFA

Yeah you’re good. Removing the brace ( now classified as a stock) returns it back to pistol status which it was pre 1/31/23

 

[alucard0822]

Have seen recently several folks that claimed to have been in hearings/meetings with ATF make it clear that by removing the Brace and storing it separately you have in fact made your AR into a Pistol with say a 10.5 barrel. The buffer tube seems to be OK. Am I missing something. I know that Pistols are not NFA

This is true, at least till they change their mind again. Of course it was already a pistol, then configured as an SBR, all while sitting in the safe, then it is returned to a pistol config by taking off the brace, at least till the form 1 arrives, then it can basically be in the NFA config lawfully, or converted to a non NFA rifle or pistol temporarily by removing the stock or slapping on a 16" barrel.

 

[King Chicken]

Or if you've purchased diesel fuel filters in quantities the AFT doesn't appreciate.

Oh i didn't know diesel fuel filters were really a thing!

Does anyone have any literature on purely informational guides?

 

[INMY01TA]

Yeah you’re good. Removing the brace ( now classified as a stock) returns it back to pistol status which it was pre 1/31/23

I thought you had to dispose of the brace? You can keep it no constructive intent?

 

[Occam]

I thought you had to dispose of the brace? You can keep it no constructive intent?

I turned mine into a newt.

 

[outrider58]

I turned mine into a newt.

Mine's only an eft. Some day it will grow into newtdom.

 

[babalou]

Oh i didn't know diesel fuel filters were really a thing!

Does anyone have any literature on purely informational guides?

asking for a friend? jk

 

[RRomig]

I thought you had to dispose of the brace? You can keep it no constructive intent?

Per ATF it’s not a good idea to have them sitting next to each other but you don’t have to get rid of it. Most people agree that constructive intent is very hard to prosecute and it’s more of an add on charge for someone that did something worse.

 

[slsc98]

Anyone have any idea when any one of the pending lawsuits against ATflipflop might actually begin judicial consideration?

 

[jcutonilli]

I thought you had to dispose of the brace? You can keep it no constructive intent?

Per ATF it’s not a good idea to have them sitting next to each other but you don’t have to get rid of it. Most people agree that constructive intent is very hard to prosecute and it’s more of an add on charge for someone that did something worse.

Constructive intent is not necessarily hard to prove. It is very situationally dependent. Put the brace and pistol in the same case, it is very easy to demonstrate and prosecute. Don't put them in close proximity and have the brace in a box of other parts, it becomes very ambiguous and difficult to prosecute and get a conviction due to the rule of lenity.

 

[smokey]

It's going to be interesting to see if the ATF actually tries to bring anyone to court over the new brace=sbr nonsense. I think everyone knows they won't be able to find off a challenge in the courts.

 

[whistlersmother]

It's going to be interesting to see if the ATF actually tries to bring anyone to court over the new brace=sbr nonsense. I think everyone knows they won't be able to find off a challenge in the courts.

The ATF will charge, attempt to deny bail, high bond, etc until the trial starts. It will then sense where the judge is going and drop all charges after the person has been in jail awaiting trial for 18 months.

 

[outrider58]

If you want to be silly-safe, go into your safe and put one of you now "defunked" braces on one of you AR 15 carbines and leave it like that while in storage. Over thinking it? Well, YEAH! But a lot of folks on here over think things. Myself, not that worried.

 

[outrider58]

The ATF will charge, attempt to deny bail, high bond, etc until the trial starts. It will then sense where the judge is going and drop all charges after the person has been in jail awaiting trial for 18 months.

It's not like he shot at a cop car...
(just playing along...)

 

[jkeys]

I thought you had to dispose of the brace? You can keep it no constructive intent?

Do you own rifles? If so, the ATF can't claim constructive intent because you could have always intended to put them on a rifle (the ATF is claiming they are stocks afterall...).