New BATF ruling on stabilizing braces today

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  • Creedmoor

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    I think you are mistaken. Seems like you can indeed remove an SBR from the registry.




    What fees?
    I have always been of the understanding that one can remove an NFA item from the registry.
     

    Ark

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    5th Circuit APA angle is kind of a wet fart. I don't really care whether byzantine procedure was followed to the letter, I care that the change itself was both an unconstitutional rights infringement and an unconstitutional breach of administrative authority in deputizing itself to write new laws without Congress.

    So now this is kicked back down for months more delay, and the ultimate outcome of this angle of challenge will at best be... they simply redo the rule in compliance with APA, after several years of court delays as American gun owners get jacked up and imprisoned over braces.
     

    nonobaddog

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    That's not the point. I'm talking about SBRs and removing them from the registry. If you get a letter from ATF stating that your SBR has been removed, that's all you need to make it back into a regular rifle and buy/sell/trade as such, without the registry/paperwork BS.

    I'm talking about reality. I'm well aware that registries are BS. I'm not real worried about what the government knows about me, though. They know a hell of a lot more about me (and you, too) than gun stuff.
    Yeah, we are just making different points - both valid - just different.
     

    Alamo

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    I just cant watch Armed Scholar. His style and delivery just rubs me wrong.
    He is not my favorite, but then I don’t have a favorite because all the 2A legal youtubers I’ve seen seem long on hype and short on substance. Despite his video titles the Armed Scholar does actually get into the legal substance of court actions.
     

    JAL

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    I have always been of the understanding that one can remove an NFA item from the registry.
    That's also my understanding . . . but if someone paid for a $200 tax stamp (unlike the recent free one) they don't get a refund for it. The NFA item comes off the NFA registry, and no longer requires any NFA rigmarole to sell or otherwise give it to someone.
     

    Creedmoor

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    That's also my understanding . . . but if someone paid for a $200 tax stamp (unlike the recent free one) they don't get a refund for it. The NFA item comes off the NFA registry, and no longer requires any NFA rigmarole to sell or otherwise give it to someone.
    Thats always been my understanding and what my family has found.
     

    Aszerigan

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    I have always been of the understanding that one can remove an NFA item from the registry.
    You can ABSOLUTELY have an item removed from the registry. You'll need to write them a letter stating the name of manufacturer, type of item, serial of item, as well as a statement saying why you want the item removed from the registry.

    Example:

    Hello, my name is John Smith. I have an NFA item that I'd like to remove from the NFA registry. The item - a Bushmaster XM15 with serial XX-1234. It has been restored to its full 16" barrel variant, and will no longer be considered an NFA item. Please remove it and confirm with a return receipt.

    They will send you a letter stating the item has been removed from the registry, as well as a form letter stating the barrel length is 16". You will not get a refund of your $200 stamp.

    I've done this with items I wanted to sell that were on the registry but individuals didn't want to wait the eight months for a stamp. It takes about 4 months to get a reply. It's not fast and it's a waste of money, but to each their own.

    In the case of the amnesty, if the ATF gives you a free "stamp," (in my opinion, IANAL) they're not going to cancel the stamp if the legislation is overturned. Yes, they approved it "conditionally," but it's just a mess and a headache of paperwork for them, and they don't have the manpower. They'd also likely be sued by multiple organizations for reversal of a tax document.

    Having said that, I'm seeing stamps coming back in about 6 1/2 months, which is a nice reduction in time from a month or two ago.
     

    Creedmoor

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    Mar 10, 2022
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    You can ABSOLUTELY have an item removed from the registry. You'll need to write them a letter stating the name of manufacturer, type of item, serial of item, as well as a statement saying why you want the item removed from the registry.

    Example:

    Hello, my name is John Smith. I have an NFA item that I'd like to remove from the NFA registry. The item - a Bushmaster XM15 with serial XX-1234. It has been restored to its full 16" barrel variant, and will no longer be considered an NFA item. Please remove it and confirm with a return receipt.

    They will send you a letter stating the item has been removed from the registry, as well as a form letter stating the barrel length is 16". You will not get a refund of your $200 stamp.

    I've done this with items I wanted to sell that were on the registry but individuals didn't want to wait the eight months for a stamp. It takes about 4 months to get a reply. It's not fast and it's a waste of money, but to each their own.

    In the case of the amnesty, if the ATF gives you a free "stamp," (in my opinion, IANAL) they're not going to cancel the stamp if the legislation is overturned. Yes, they approved it "conditionally," but it's just a mess and a headache of paperwork for them, and they don't have the manpower. They'd also likely be sued by multiple organizations for reversal of a tax document.

    Having said that, I'm seeing stamps coming back in about 6 1/2 months, which is a nice reduction in time from a month or two ago.
    We have one out since Nov 11 22, #sadface
     

    SnoopLoggyDog

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    So what are the current "rules" on having a pistol brace attached to a firearm?

    With the multiple legal rulings out there, it seems like the ATF have boxed themselves into a corner. That would still not prevent them from screwing over a private citizen while the courts sort this mess out.
     

    KLB

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    Sep 12, 2011
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    So what are the current "rules" on having a pistol brace attached to a firearm?

    With the multiple legal rulings out there, it seems like the ATF have boxed themselves into a corner. That would still not prevent them from screwing over a private citizen while the courts sort this mess out.
    Still illegal unless you are a member of one of the groups covered in a lawsuit
     

    Cameramonkey

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    May 12, 2013
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    Still illegal unless you are a member of one of the groups covered in a lawsuit
    And probably also under the jurisdiction of the court it is in. IANAL but generally speaking at the district level, when a ruling is made it only covers those in the district and no one else. That ruling can be refereneced by other district courts if they want to offer a similar ruling, but I dont see how simply joining a group that is suing gives you cover outside of the district.

    People are split as to whether a member outside the district would actually be covered.

    Personally, I wouldnt risk it. But you do you.
     
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