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😬 Brace rule

nortac

"Can't Raise an Eyebrow"
My interpretation, which may be entirely incorrect, was that in order to qualify as a "pistol" and therefore be eligible for use with the then legal brace, it had to be under 26". I wouldn't think that there would be a minimum or maximum length for an SBR, only that with a barrel less than 16" it would be an SBR, unless it met criteria for a pistol? (See what I did there @OkieStubble?)
 
SBR is barrel under 16inches and overall length under 26inches. The pistol definition always baffles me. I read it as you can have a pistol with a 4ft barrel and it would still be a pistol until you put a forward grip on it then it becomes a rifle?
And then I think under current rules it cannot be returned to pistol status, federal regs are strange, probably a lot written by staffers who knew nothing about the subject.
 

OkieStubble

Dirty Donuts are so Good.
My interpretation, which may be entirely incorrect, was that in order to qualify as a "pistol" and therefore be eligible for use with the then legal brace, it had to be under 26". I wouldn't think that there would be a minimum or maximum length for an SBR, only that with a barrel less than 16" it would be an SBR, unless it met criteria for a pistol? (See what I did there @OkieStubble?)

Barrel length of less than 16” (41cm) and an overall length no less of 26” (66cm)

 

OkieStubble

Dirty Donuts are so Good.

OkieStubble

Dirty Donuts are so Good.
SBR is barrel under 16inches and overall length under 26inches. The pistol definition always baffles me. I read it as you can have a pistol with a 4ft barrel and it would still be a pistol until you put a forward grip on it then it becomes a rifle?

Lol’d. :)
 
Just out of pure curiosity, how would something like this Czech Alfa Proj be labeled?

1A7F2242-7338-4315-A2A4-705F771D59B6.jpeg
 

Whisky

ATF. I use all three.
Staff member
I think here it would be considered a short barreled rifle, or a pistol. If it’s sold as a pistol here it can not be “changed” into a rifle without paying the $200 tax stamp for a SBR. That’s how I understand it anyways.
 

nikonNUT

The "Peter Hathaway Capstick" of small game
GOA has already said they're going to fight it in court. I'm trying to figure out what the 120 days to file tax free means if it's upheld. I wonder if that means there will be new class tax stamp or that we'll all have to register them as SBR's? Not that I have any AR pistols or braces. I lost them all in that tragic boating accident.

Edit: looks like they’d have to be registered as SBR’s.
From what I have gathered from LOTS of reading is you have 120 days to register Form 1 your new SBR. The regular engraving requirements are being waived so the regular roll marks that came on it when you bought it will suffice.
So is it like a SBR upper that is a harmless paperweight until it’s installed?

I have half contemplated buying an upper and keeping it just for “emergencies” when getting busted with it installed on a lower is the least of my worries.
Having an SBR upper in your possesion while having a "rifle" lower in your possesion is considered constructive intent. It will get you busted as well BUT only if you do other dumb stuff that gets you noticed.
SBR is barrel under 16inches and overall length under 26inches. The pistol definition always baffles me. I read it as you can have a pistol with a 4ft barrel and it would still be a pistol until you put a forward grip on it then it becomes a rifle?
No sir, it becomes an AOW (Any Other Weapon). I find it ammusing that a vertical fore grip is bad on pistols and fine on rifles but angled fore gips are hunky dory on everything (for now).
Just out of pure curiosity, how would something like this Czech Alfa Proj be labeled?

View attachment 1588702
That would be an SBR here.They care not if it is a semi-auto, a revolver, or a bolt gun. It's all about barrel lenght and if it has a stock.

In the grand scheme I knew this day was coming when "Q" showed their Honey Badger SBR and Honey Badger pistol next to each other, but the ruling should have come way early. Not the "Their fine you just can't shoulder them. Wait... Yes you can. Wait... No you can't. Wait... Yes you can. Wait... They are SBRs now but you can have a free tax stamp!" gobbeldy gook we were fed. As an aside... If this isn't struck down (I don't think it will stand after Bruen and the 5th Circuit En Banc rulling on bump-stocks) if you have something in Form 4 jail you're in for a wait! Nice thing about an SBR is that unless you permenetly change it you can swap uppers to your hearts content with out informning the powers that be.
 
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Whisky

ATF. I use all three.
Staff member
No sir, it becomes an AOW (Any othger weapon). I find it ammusing that a vertical fore grip is bad on pistols and fine on rifles but angled fore gips are hunky dory!
I was under the impression that an AOW had to be under 26 inches total length. I may be wrong. The angled fore grip thing always gets me too.
 

nikonNUT

The "Peter Hathaway Capstick" of small game
I was under the impression that an AOW had to be under 26 inches total length. I may be wrong. The angled fore grip thing always gets me too.
Perhaps but you said pistol. If it doesn't have a buttstock but is over the said 26" where does it fall? I know not. I don't think they do either.
 

OkieStubble

Dirty Donuts are so Good.
I’m not going to be too fast to file for an SBR tax stamp. 120 days is about May 23rd? I’m going to wait 60 or more days for a Federal judge to sign an injunction freezing that date and keeping us all legal while the wheels of justice turn slow for constitutional examination on this.

If it all eventually gets thrown out? Good deal, but if it actually stands? That won’t most likely, be clearly realized until long after the May 23rd 120 day deadline.

So they will have to honor any of our paper work, that has a pre- May 23rd date, even if it’s way after the date. :)
 

nikonNUT

The "Peter Hathaway Capstick" of small game
I’m not going to be too fast to file for an SBR tax stamp. 120 days is about May 23rd? I’m going to wait 60 or more days for a Federal judge to sign an injunction freezing that date and keeping us all legal while the wheels of justice turn slow for constitutional examination on this.

If it all eventually gets thrown out? Good deal, but if it actually stands? That won’t most likely, be clearly realized until long after the May 23rd 120 day deadline.

So they will have to honor any of our paper work, that has a pre- May 23rd date, even if it’s way after the date. :)
Well put Rob! I was thinking 119 days myself! :lol:
 

nortac

"Can't Raise an Eyebrow"
OK, now I'm even more confused than normal! So, if this thing stands, the tax stamp is free? Where is that written? And if the receiver is not engraved, the only proof that you are in compliance is your possession of Form 1 paperwork?

And how many of the general gun owning public is even aware of this if they don't frequent gun forums or subscribe to a bunch of gun magazines? I recall one customer at our gun range who had what was without a doubt an SBR and I asked him, just out of curiosity, if it was registered as an SBR. He was totally clueless, or claimed to be, and stated that he thought it was all legal since he bought all the parts online without any restrictions! I told him that I personally didn't care if it was registered or not, but that he should know that he was potentially committing a felony.
 
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