Padded buffer tubes ok? ATF Brace rule questions.

[workshop777]

I'm running this lower from Aero:

No modifications have been made to the buffer tube with the exception of a pad that wraps around only the sides of it. There are no spaces and the tube is not adjustable. Upper (also Aero) has a 7.5 inch barrel with a Vortex Red Dot sight on it. No foregrip.

Sorry for asking, really have no idea what to do in this scenario. Do I buy a new tube, stock and 16inch HBAR upper? Do I just register it as is? Am I ok as is and don't have to register it since there is no brace on it and no way to attach a brace and the buffer tube is essential for the firearm to cycle?

One other question. If I assume the new brace rule doesn't apply to me and I go to a range and get pulled up by the ATF, what happens then? Do I have a grace period to register/destroy/whatever? Or am I considered a felon on the spot and arrested/fined/whatever?

Again, sorry for asking. Just got into firearms a couple years ago. Purposefully built this AR Pistol like this so I didn't have to worry about the brace rule when they were talking about implementing the point system.

 

[PeteW]

I'm running this lower from Aero:

View attachment 396900
No modifications have been made to the buffer tube with the exception of a pad that wraps around only the sides of it. There are no spaces and the tube is not adjustable. Upper (also Aero) has a 7.5 inch barrel with a Vortex Red Dot sight on it. No foregrip.

Sorry for asking, really have no idea what to do in this scenario. Do I buy a new tube, stock and 16inch HBAR upper? Do I just register it as is? Am I ok as is and don't have to register it since there is no brace on it and no way to attach a brace and the buffer tube is essential for the firearm to cycle?

One other question. If I assume the new brace rule doesn't apply to me and I go to a range and get pulled up by the ATF, what happens then? Do I have a grace period to register/destroy/whatever? Or am I considered a felon on the spot and arrested/fined/whatever?

Again, sorry for asking. Just got into firearms a couple years ago. Purposefully built this AR Pistol like this so I didn't have to worry about the brace rule when they were talking about implementing the point system.

Yes, for now a padded buffer is going to be fine. Until the AFT decides to say that a buffer tube is shoulderable so they can force more "registered" SBRs and collect their tax.

 

[ironpony]

After hearing what Biden said on MLK day I am thinking of attaching an F-15 fighter jet ... just for fun. Yeah, in the assembly stage of a pistol so ?

 

[Alea Jacta Est]

Three felonies a day…that’s the position our government wants Christian, conservative, gun owning, patriotic, MAGA loving, Fox readers and watchers in. (Note…that list is singular and or plural in its classification of hard working/tax paying citizens—. Meaning one or more categories are enough to qualify)

 

[md_al]

what happens if you put a tennis ball at the end of the buffer tube similar to those they put on rolling walkers?

 

[Inigoes]

what happens if you put a tennis ball at the end of the buffer tube similar to those they put on rolling walkers?

The law is based on intent.

If you intend to shoulder the tennis ball often, it's an SBR.

If you intend to rest the tennis ball in your elbow, you are fine.

 

[randomuser]

When will people tell the atf to f them self? asking for a friend.

 

[Bountied]

When does this "rule" go into effect? It said 120 days from when it's posted. Has it been officially posted and if so when was it posted?

 

[Gordon]

Rule not law.

 

[outrider58]

When will people tell the atf to f them self? asking for a friend.

You just did...

 

[workshop777]

When does this "rule" go into effect? It said 120 days from when it's posted. Has it been officially posted and if so when was it posted?

I don't believe so yet. People were stating it should hit the registrar this week. I'm sure someone will post about it when it happens.

 

[Abagnale]

When will people tell the atf to f them self? asking for a friend.

Many already have told them and don't give an F! At this point it's do whatever you want and don't tell anyone about it! I'm done complying with this nonsensical BS. Besides who can keep track anymore??? We went from full approval, to you can't shoulder it, back to you can shoulder it to... your an outright felon if you don't pay $200 and register your weapon! Screw em! They don't deserve any kind of respect or compliance!

 

[Abagnale]

When people have nothing to lose.

I have a lot to lose, which is why I feel I am forced to comply. I can't risk jail time, having a felony, a massive fine, added stress... none of that.

People are stuck between a rock and a hard place. I'm not a criminal so I will follow whatever laws/rules the government makes, some of which begrudgingly so. I do what I can as a civilian to make those laws better (ie voting, joining MSI, misc. support), but as a responsible person on the correct side of the law with a lot to lose, I can't put any of that in jeopardy...

Just my opinion...

Edit: Sorry for straying off topic here...

You better start growing some juevos real quick or you are gonna be in some serious trouble....
Do you think they are gonna just stop at pistol braces????? What has history shown you???
You might not think so but we can turn into Canada or the UK real quick....

 

[Kman]

Whatever you do or think has been, is or will be illegal.
I give up. Just live your life quietly and keep your mouth shut.

 

[Bountied]

Many already have told them and don't give an F! At this point it's do whatever you want and don't tell anyone about it! I'm done complying with this nonsensical BS. Besides who can keep track anymore??? We went from full approval, to you can't shoulder it, back to you can shoulder it to... your an outright felon if you don't pay $200 and register your weapon! Screw em! They don't deserve any kind of respect or compliance!

There is a grace period of 120 days where if you register your braced firearm it is tax exempt, but then you have to play by the MD rules for SBRs. 29" blah blah.

 

[alucard0822]

I agree with this guy, wait a month or two to see what injunctions/lawsuits happen before worrying about it. IMO there are a few things to keep in mind. First is that if you already have a firearm you are planning on SBRing anyway, why not do it for free. Hearing from the FFL that handles my NFA stuff that the engraving requirement is being waived for form 1s from the 120 day period. Shops have 60 days to sell current inventory affected by this. HELP FUND THE INEVITABLE LAWSUITS. If this is allowed to stand, ATF will basically have free reign to ban whatever they want for any reason they want, they seek power to throw any of us in a cage for a decade if they choose. The courts, most states and momentum are on our side, this is the BEST opportunity in a long time to go after the NFA itself, and end the near century that law has been a BS restriction on our 2A rights. This impossible to enforce, it creates tens of million of "felons" that complied in good faith with the prior rules. It is impossible to comply, if only half of the 40 million braces out there are registered, it will take several decades for the current staff to complete the form 1s. The sheer number of braced pistols, and the increasing number of LEO agencies stating they will not enforce it makes your chances of getting caught very low.

There are really only 3 ways to bring a braced pistol into compliance as this rule is re-written, Surrender it to the ATF, add a 16" upper to make a non-NFA rifle, register as an SBR during the grace period. Being the 6 criteria stated are extremely vague and subjective, even a <16" barreled firearm with a bare buffer tube "could" be considered an SBR. It changes the language of enforcement from the law's "intent" to "able to", as in a brace is not intended to be fired from the shoulder, but this effectively prohibits anything that "could be" used to fire from the shoulder. Yanking a brace or adding a pistol tube might not save you. ANY LEO, range, RO of gun owner that asks for papers or tries to enforce this needs to be publicly outed and shunned. This will be stopped, it fails basically every test and precedent from every notable court case in the last couple decades, the only thing not guaranteed is if that will happen before or after the 120 day "grace period".

 

[slsc98]

I’m not meme-proficient so, if someone is, have at it …

“Just Imagine an America Where The Democrats Focus As Much Energy Toward Causing Consternation On The Part of Actual Criminals, As They Do Law-Abiding Gun Owners.”

 

[Abagnale]

There is a grace period of 120 days where if you register your braced firearm it is tax exempt, but then you have to play by the MD rules for SBRs. 29" blah blah.

That's a great idea! Regsiter your braced firearms....

 

[Bountied]

That's a great idea! Regsiter your braced firearms....

If you want to be federally compliant, it's an option. Or you can hand them over to the ATF? Or revert back into a pistol with no brace. Or hope you never get caught with it after the "grace period". Or wait and hope the rule gets shot down or amended. Up to you.

Free SBR stamp basically, you'd have to register it to make it an SBR anyway, if that's what you wanted to do. Then you can get a real stock and toss the brace?

I'm not saying I like it. Just saying what the letter said and the options.

 

[Bountied]

Lots of <16" barrels for sale in the classifieds. The panic has set in.