Pistol Brace Status
- Thread starter DMW1116
- Start date
- Status
WestKentucky
Member
I keep getting a lawyer talking about it in my newsfeed, but it sounds more like drumming up business than anything with meat on the bone. That lawyers mess is all doom and gloom but he does talk about there being a forthcoming document that will be published in the federal register, and (doom and gloom warning) that they are trying to run it through illegally by not allowing the GCA mandated time periods and trying to get it done over Christmas so that people are preoccupied and let it get through before it’s even noticed.
Just got my letter from the ATF.
Objective Factors for Classifying Weapons with “Stabilizing Braces”
ATF is publishing the objective factors it considers when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (NFA) and/or the Gun Control Act.
ATF publishes this notice to inform and invite comment from the industry and public on the proposed guidance prior to issuing a final document. Upon issuance of final guidance, ATF will provide additional information to aid persons and companies in complying with federal laws and regulations.:
This notice also outlines ATF’s enforcement priorities regarding persons who, prior to publication of this notice, made or acquired, in good faith, firearms equipped with a stabilized brace.
Finally, this notice previews ATF’s and the Department of Justice’s plan to subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA, including an expedited application process and the retroactive exemption of such firearms from the collection of NFA taxes.
Submit a Comment by January 4
You may submit comments, identified by docket number ATF 2020R-10, by any of the following methods:
Written comments must be postmarked and electronic comments must be submitted on or before January 4, 2021. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.
Objective Factors for Classifying Weapons with “Stabilizing Braces”
ATF is publishing the objective factors it considers when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (NFA) and/or the Gun Control Act.
ATF publishes this notice to inform and invite comment from the industry and public on the proposed guidance prior to issuing a final document. Upon issuance of final guidance, ATF will provide additional information to aid persons and companies in complying with federal laws and regulations.:
This notice also outlines ATF’s enforcement priorities regarding persons who, prior to publication of this notice, made or acquired, in good faith, firearms equipped with a stabilized brace.
Finally, this notice previews ATF’s and the Department of Justice’s plan to subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA, including an expedited application process and the retroactive exemption of such firearms from the collection of NFA taxes.
Submit a Comment by January 4
You may submit comments, identified by docket number ATF 2020R-10, by any of the following methods:
- Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
- Mail: Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; ATTN: ATF 2020R-10
- Fax: (202) 648-9741
Written comments must be postmarked and electronic comments must be submitted on or before January 4, 2021. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.
Last edited:
Sebastian the Ibis
Member
This is the real deal folks. To pass formal regulations, the ATF has to open up their proposed regulations for notice and comment. They Must respond and address all comments that are submitted. They are trying to slip this though at 5:00 p.m. on a Friday before the holidays. If you like your pistol braces just the way they are, then submit extensive comments explaining your thoughts on their proposal (following all of the rules) so that the ATF must consider and respond. This is super important,
SUBMIT COMMENTS to save your Brace!!!
SUBMIT COMMENTS to save your Brace!!!
AlexanderA
Member
The only surprise here is that this is not an outright reclassification of all brace-equipped "pistols" as SBR's. Instead, they're talking about "objective criteria" that would still allow some to remain "pistols."
If there's a reclassification of a particular weapon, they're talking about a tax-free initial registration under the NFA. Or, simple removal of the brace.
This is a far cry from the bump stock ban.
If there's a reclassification of a particular weapon, they're talking about a tax-free initial registration under the NFA. Or, simple removal of the brace.
This is a far cry from the bump stock ban.
Link to the ATF Proposed regulation:
https://www.federalregister.gov/doc...r-classifying-weapons-with-stabilizing-braces
https://www.federalregister.gov/doc...r-classifying-weapons-with-stabilizing-braces
Thanks everyone. This flared up a bit, then died down, now went to taking comments seemingly overnight. I don't even like AR pistols, but the flip flopping of the ATF makes this type of thing highly problematic and shows the issues of alphabet bureaus being able to set their own agenda.
Alex Clayton
Member
- Joined
- Jun 25, 2020
- Messages
- 789
Gun owners have LONG been telling law makers that 2A is not really a right, that's its a privilege. No putting that genie back now as too many will not bother to vote as long as they think what they own is safe. They will take the brace at some point. When they do I will miss mine but they will be gone. They will at some point take AR's too. If I am still this side of the sod I will miss those too. No one can tell anyone when. When it happens they will make it well known and give people a chance to get rid of them.
Sour Kraut
Member
Sure, do it, but it won’t matter. This (NFA registration) is going to happen regardless..... They are just doing a CYA, and their long-winded letter was pretty well done actually. We are hosed on this issue.
Sebastian the Ibis
Member
Obviously you are not an administrative law junkie. For a regulation to be effective the agency had to respond to ALL the public comments. Any DC lobbyist will tell you what I am telling you: submit every comment you can, and have your friends an neighbors do the same. Many proposed regulations die because the agency doesn’t want to wade through all the comments. This happened with proposed rule making regarding Saiga shotguns - as one example.
Surprisingly, the comments can actually be incorporated in a good way. The removal of the chief law enforcement officer approval for NFA transfers was probably stimulated by comments to proposed rule making. So get out there and submit comments on how the brace allows folks with disabilities and others to exercise their second amendment rights.
So in effect by submitting comments will those who do so then be first on the list for the ATF to come and take them?
Provide all your personal details.
https://www.regulations.gov/document?D=ATF-2020-0001-0001
B. Confidentiality
ATF will make all comments meeting the requirements of this section, whether submitted electronically or on paper, available for public viewing at ATF and on the internet through the Federal eRulemaking Portal, and subject to the Freedom of Information Act (5 U.S.C. 552). Commenters who do not want their name or other personal identifying information posted on the internet should submit comments by mail or facsimile, along with a separate cover sheet containing their personal identifying information. Both the cover sheet and comment must reference this docket number (2020R-10). For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet.
A commenter may submit to ATF information identified as proprietary or confidential business information. The commenter shall place any portion of a comment that is proprietary or confidential business information under law on pages separate from the balance of the comment with each page prominently marked “PROPRIETARY OR CONFIDENTIAL BUSINESS INFORMATION” at the top of the page.
ATF will not make proprietary or confidential business information submitted in compliance with these instructions available when disclosing the comments that it received, but will disclose that the commenter provided proprietary or confidential business information that ATF is holding in a separate file to which the public does not have access. If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process.
C. Submitting Comments
Submit comments in any of three ways (but do not submit the same comment multiple times or by more than one method). Hand-delivered comments will not be accepted.
- Federal eRulemaking Portal: ATF recommends that you submit your comments to ATF via the Federal eRulemaking portal at www.regulations.gov and follow the instructions. Comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that is provided after you have successfully uploaded your comment.
- Mail: Send written comments to the address listed in ADDRESSES section of this document. Written comments must appear in minimum 12-point font size (.17 inches), include the commenter's first and last name and full mailing address, be signed, and may be of any length.
- Facsimile: Submit comments by facsimile transmission to (202) 648-9741. Faxed comments must:
2. Be 8 1/2″ x 11″ paper;
3. Be signed and contain the commenter's complete first and last name and full mailing address; and
4. Be no more than five pages long.
Regina Lombardo,
Acting Director.
[FR Doc. 2020-27857 Filed 12-17-20; 8:45 am]
BILLING CODE 4410-FY-P
So if people write in, that being the most manual method, the required envelope handling etc. and subsequent return letter answer will serve to bog the process down somewhat. Well at least more then emailing.
OK, I'm in! Sounds like a possible way to get a stamp QUICK, and FREE. I will have to investigate further
, see if it's work the hassle, other requirements etc
I DO NOT LIKE the fact that I would prefer to contact my attorney first, and, the shortened (??) comment period coupled with holiday makes that much more difficult. As I am sure that will be a major comment
from my brothers & sisters / fellow Americans.
Thanks!
OK, I'm in! Sounds like a possible way to get a stamp QUICK, and FREE. I will have to investigate further
, see if it's work the hassle, other requirements etcI DO NOT LIKE the fact that I would prefer to contact my attorney first, and, the shortened (??) comment period coupled with holiday makes that much more difficult. As I am sure that will be a major comment
from my brothers & sisters / fellow Americans.Thanks!
This is the choir. Not much use preaching to us. This is obviously not about crime.
AlexanderA
Member
It's a trial run. This, plus the bump stock ban, are precursors to the big one, which is the reclassification of the AR-15 as a machine gun. And they can do it, but there would be a lot of pushback from Congress. Would the Biden administration want to spend so much political capital on this issue? I would say not -- this would mean that they could get nothing else accomplished.
So if people write in, that being the most manual method, the required envelope handling etc. and subsequent return letter answer will serve to bog the process down somewhat. Well at least more then emailing.
OK, I'm in! Sounds like a possible way to get a stamp QUICK, and FREE. I will have to investigate further
I DO NOT LIKE the fact that I would prefer to contact my attorney first, and, the shortened (??) comment period coupled with holiday makes that much more difficult. As I am sure that will be a major comment
Thanks!
You are optimistic about your hand written letter getting there by the closing date!
Dates:
Written comments must be postmarked and electronic comments must be submitted on or before January 4, 2021. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after midnight Eastern time on the last day of the comment period.
Comments Close:
01/04/2021
Sistema1927
Member
Supposing that this goes through as proposed, I don't see anything about "getting a stamp". Since a tax stamp has a price affixed to it, and if they are waiving the fee, then you won't get a stamp.
What I envision, and I could be way wrong, is that you will submit your paperwork, and get back documentation that your pistol/SBR is now on registered as NFA, and that any transfer from now on will require a tax stamp. Also, the wording that they intend to expedite processing might mean that they will forego all the background check and fingerprint verification (even though you will still need to submit them), and will quickly get back your piece of paper. As such, they will receive your application, stuff your info into a database, and send you back a form with your serial number filled in.
What I envision, and I could be way wrong, is that you will submit your paperwork, and get back documentation that your pistol/SBR is now on registered as NFA, and that any transfer from now on will require a tax stamp. Also, the wording that they intend to expedite processing might mean that they will forego all the background check and fingerprint verification (even though you will still need to submit them), and will quickly get back your piece of paper. As such, they will receive your application, stuff your info into a database, and send you back a form with your serial number filled in.
I see these two comments as a single, more clearer picture, item. It's not the brace. They could just say, stamp it or turn it in. The other points in the letter are all subjective (donate enough $$ to correct party?) and provide a formula (again subjective) to turn pistols into SBRs.
Secondly, it appears they are using the brace issue as a segue to ban AR PISTOLS, which were 99% just fine before 2012 and the 1st SigBrace Ok-letter. Banning AR-15 subset firearms e.g. pistols is about .001'' from banning the whole AR platform, perhaps?
Third comment; thanks to the Mods for allowing this thread on a legal threat to continue
, and a little leeway.Remember; comment early , comment often
. Once banned, ITS GONE
After reading the notice several times, it is way too subjective and vague on how they will determine what is or is not a SBR or pistol. If they want to clarify things then they need to make the rules very concise and easy to understand and follow, not the confusing mess they have now.
I too will be commenting. And I suggest that everyone do so, even if you do not own a brace or even an AR.
As far as being on any type of list, it's too late for me. I'm on watch lists for just being a military veteran. Plus I'm sure that the ATF is keeping a record of everything I buy since I had to file for a Voluntary Appeal File and UPIN to keep from getting denied every time.
I too will be commenting. And I suggest that everyone do so, even if you do not own a brace or even an AR.
As far as being on any type of list, it's too late for me. I'm on watch lists for just being a military veteran. Plus I'm sure that the ATF is keeping a record of everything I buy since I had to file for a Voluntary Appeal File and UPIN to keep from getting denied every time.
I'm not worried about that myself. The federal government has had my DNA on file since 1993 when they started taking a DNA sample from every service member. And if you ever had any type of security clearance, they also have your whole life story on file.
And don't be a fool to think that they do not watch gun related forums.
Back on subject.
I hope that enough people flood the ATF with comments to make them rethink their proposed brace regulations. I know it worked when they tried to ban M855 5.56 ammo.
I also feel that every gun owner should submit a comment even if they do not own a brace or an AR. If we doo NOT ban together, we will loose everything in a domino effect. The 80% receivers and braces is just the start.
Thanks for this. Comment submitted.
WestKentucky
Member
I stumbled across this. I haven’t seen it linked yet, but I haven’t been reading a whole lot on this topic, so excuse me if I am being redundant.
https://www.arsenalattorneys.com/bl...es-public-may-submit-comments-until-january-4
https://www.arsenalattorneys.com/bl...es-public-may-submit-comments-until-january-4
- Status
