If you’re worried about it take off the brace until you get your stamp. Both days during the webinar they said as long as you have applied your firearm is fine the way it is. There are separate form ones for those that had their braced pistols in their possession by 1/31. I’m of the opinion that if they are already calling it an SBR then it might as well be comfortable to shoot. I only have a few and I’m still weighing out which way to go but that will be a by gun decision not all or nothing. 3 months is time to get it figured out unless of course you go form one and it gets overturned in 12 months. Kinda feels like playing craps.I keep asking whether applying to make a braced AR pistol into an SBR is in effect waiving your 5th Amendment fight against self-incrimination?
The way the "rule" is written, the item in question is already illegal to possess without a tax stamp. Admitting you have one makes you a felon, and you're documenting that fact.
Am I misunderstanding the situation? Should I just trust the ATF to withhold charging and prosecuting me under these circumstances?
A great many of us are in the same boat, and I also agree with your assessment of the constructive intent.I believe in constructive intent, more as an add-on charge, etc. But here is my issue with it fundamentally, I have SBRs, I have pistols, I have stocks, and I have rifles. With all of that how can you prove that my stocks will be placed on my pistols versus my SBR or that my braces are for my pistols and not for my 16" rifle? That's my problem as a lot of these parts are interchangeable you would need to prove that my "take-off" stocks and braces that may be sitting in a bin is solely intended to construct an illegal version of a rifle etc.
I believe in constructive intent, more as an add-on charge, etc. But here is my issue with it fundamentally, I have SBRs, I have pistols, I have stocks, and I have rifles. With all of that how can you prove that my stocks will be placed on my pistols versus my SBR or that my braces are for my pistols and not for my 16" rifle? That's my problem as a lot of these parts are interchangeable you would need to prove that my "take-off" stocks and braces that may be sitting in a bin is solely intended to construct an illegal version of a rifle etc.
Maybe if you watched the videos, you would know the answerI'll live by this standard, so I'll just skip the videos you post.
If you think the constructive intent law is basically impossible to prove then there is nothing to worry about.If you have some threaded pipe and black powder is that constructive intent? You can practically infer constructive intent from a myriad of household items that could be used as explosive devices. From a video I watched earlier the constructive intent law is basically impossible to prove. You'd have to be doing something wrong in the first place to have them consider it. Like if you were selling homemade guns and you had all the stuff to do it they would get you. Kind of like intent to distribute. If you have a bulk bag of drugs they wouldn't say you intended to distribute but if you got caught with a bunch of little bags of drugs after selling some they'd get you with intent to distribute. If you have freeze plugs and a Maglite are you going to make an illegal suppressor? No but you could I suppose.
Yeah I'm not worried. If you own a SBR and any other AR, that could be constructive intent. If they wanted to they could make some argument that you have constructive intent for anything so...If you think the constructive intent law is basically impossible to prove then there is nothing to worry about.
Lawsuit filed in 5th Circuit
Apparently there are at least four lawsuits filed over the final rule. Three of them are in the Northern District of Texas and one in the Eastern District of Texas.
Apparently another one has been filed in the Middle district of Florida.
5th is a 2A friendly circuit. Let them develop persuasive arguments, and maybe even circuit precedent, that can then be used persuasively in other Appellate circuits. DoJ actively judge shops, exemplified by their going after 80% manufacturers from a Brooklyn courtroom, so it's only fair that our side goes shopping, too.
Would the SC tolerate a $200 tax on a stun gun, or $150 HiPoint? I think that's the big question.
Heller outright said that MGs and SBSs aren't protected, but in Bruen those aren't mentioned in the majority and Miller is mentioned as protecting items in common use while other paragraphs require a historical analysis of laws.
But Kavanaugh's concurrence is now the last great hope the antis have latched onto, replacing the Heller dissents...
Pursuant to ATF Final Rule 2021R-08F, the Attorney General has authorized certain persons tax-exempt registration of firearms they own or possess at the publication of the rule that are: 1) equipped with a stabilizing brace; 2) meet the definition of "rifle" under federal law; and 3) have a barrel or barrels less than sixteen (16) inches in length.
By proceeding with this application, you are certifying that you and the firearm you intend to register meet the tax-exempt parameters set forth in ATF Final Rule 2021R-08F. Please click here if you have any questions whether you and the firearm you intend to register qualify for tax-exempt registration.
If I click the boxes, I admit to a current violation in hopes .gov won't pursue me with the evidence they want me to hand them. If I click these, ATF shows up, and I pulled the brace or reconfigured to a non-NFA firearm before the final rule went into effect, then I lied on the form, and perjured myself to save $200 as those 3 criteria are required to get the $200 waived. My other SBRs started out as braced pistols or lowers, I applied, I got my stamp, I swapped the braces for a stock after that came through. No way this passes constitutional muster outside of the whole 2A argument and everything else about the rule to begin with. Of course this whole thing is defacto proof the ATF can change their "interpretation" at any time for any reason, including their statements that they will not prosecute unregistered SBRs until after the 120 days. Either way, going to wait a month or so and see what happens, and keep kicking 2A orgs money when I can so hopefully this goes away entirely.I agree
Three types of guns for you and me,Nothing I have is close to 29" FML. Guess they will identify as pistols with a buffer tube only. I don't want to spend money to try to make things longer so it is what it is. Now I have two kinds of guns, the ones I can shoot in public and the one's I shoot on private land. YAY!