National Pistol Brace Litigation Post 01/31

[MichaelH]

Bumpstock is a different animal, bc they don't meet the statutory definition to be regulated.

The FRT style is an interesting case for regulation. It shouldn't fall under NFA regulation, but I saw the WOT guys showing off their product, and they had a significant amount of trouble NOT firing multiple rounds per trigger pull.

 

[Yarome]

What were forgetting is that the ATF can just call them SBRs that are illegal under the NFA without ANY rulemaking, because 99% of brace owners are using them to shoulder firearms that operate like a rifle that have barrels shorter than 16". In some ways the rule is fair warning, and the free tax stamp is a mea culpa for giving advice that people relied on.

Honestly, I want my free tax stamp so I can add a real stock.

Again. Please confine posts here to pistol brace rule litigation and updates. There is an over abundance of threads available to discuss all the ins/outs, opinions on the rule and how to comply with filing instruction.

 

[jp1985]

So how much is it to register it as a sbr and do you have to wait? I wonder how many people are going to comply with this bs.

 

[Yarome]

So how much is it to register it as a sbr and do you have to wait?

National - Pistol Brace Rule Compliance - How to

Please limit any posts to SBR registration issues/proceedures, "how to's", faq's, or questions specifically related to the registration/compliance process. This thread is NOT for disucssion on the underlying legal issues or debate on the legality of the alphabets "final rule". And....GO!!

www.northwestfirearms.com

.... may have the info you seek or a good place to ask that question.

 

[wired]

So the bumpstock ban wasn't struck down?

Federal appeals court strikes down ban on bump stocks | CNN Politics

A federal appeals court on Friday struck down a ban on bump stocks, devices that essentially allow shooters to fire semiautomatic rifles continuously with one pull of the trigger.

www.cnn.com

Go buy one.

Bump Stocks | Bureau of Alcohol, Tobacco, Firearms and Explosives

On December 18, 2018, Acting Attorney General Matthew Whitaker announced that the Department of Justice has amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), clarifying that bump stocks fall within the definition of “machinegun” under federal law, as such...

www.atf.gov

 

[billdeserthills]

Go buy one.

Bump Stocks | Bureau of Alcohol, Tobacco, Firearms and Explosives

On December 18, 2018, Acting Attorney General Matthew Whitaker announced that the Department of Justice has amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), clarifying that bump stocks fall within the definition of “machinegun” under federal law, as such...

www.atf.gov

My Federal Appeals Court strikes down bumpstock ban article is from this year

 

[wired]

My Federal Appeals Court strikes down bumpstock ban article is from this year

So how is buying one working for you? Hint, the ATF hasn't conceded.

 

[billdeserthills]

So how is buying one working for you? Hint, the ATF hasn't conceded.

I shoulda bought some when the owners were practically giving them away-- now that the factory has been closed, I doubt they'll be back

 

[wired]

I shoulda bought some when the owners were practically giving them away-- now that the factory has been closed, I doubt they'll be back

Nothing changed. The ATF still isn't allowing them.

 

[MichaelH]

So how much is it to register it as a sbr and do you have to wait? I wonder how many people are going to comply with this bs.

Do it within 90 (edit: 120 days, see below) days of the published rule there is no fee. Yes, you'll have to wait, but take off your brace and shoot it if you want to.

 

[wired]

Do it within 90 days of the published rule there is no fee. Yes, you'll have to wait, but take off your brace and shoot it if you want to.

120 days but yeah.

 

[ilikegunspdx]

Do it within 90 (edit: 120 days, see below) days of the published rule there is no fee. Yes, you'll have to wait, but take off your brace and shoot it if you want to.

You don't have to take off the brace if you have applied under the final rule. ATF says keep a copy of the "submitted" confirmation email with the gun and you are covered.

But that does not mean you can exchange for a stock or add a front vertical grip (until you actually get approval). At least I've never heard atf say you can. But brace is ok. After approval you can swap for a stock, add vertical grip, etc.

 

[wired]

You don't have to take off the brace if you have applied under the final rule. ATF says keep a copy of the "submitted" confirmation email with the gun and you are covered.

But that does not mean you can exchange for a stock or add a front vertical grip (until you actually get approval). At least I've never heard atf say you can. But brace is ok. After approval you can swap for a stock, add vertical grip etc.

I asked my ATF IOI ( inspector) . She said keep the brace on until it clears

 

[concretehardt]

Back in the 90s when the ATF redefined the striker 12, USAS-12 and street sweeper drum fed shotguns as destructive devices they offered a similar "free $200 registration" to existing owners With a timeline in which the gun had to be registered or become contraband. When the approved ATF form finally came back they were just stamped approved but no tax stamp was issued/affixed to the form. I wonder if they will actually issue a tax stamp this time or just an approved form. It will be interesting to see how this plays out, hopefully an inJunction will be slapped on it and we will never have to find out!

 

[wired]

Back in the 90s when the ATF redefined the striker 12, USAS-12 and street sweeper drum fed shotguns as destructive devices they offered a similar "free $200 registration" to existing owners With a timeline in which the gun had to be registered or become contraband. When the approved ATF form finally came back they were just stamped approved but no tax stamp was issued/affixed to the form. I wonder if they will actually issue a tax stamp this time or just an approved form, it be interesting to see how this plays out...Hopefully inJunction will be slapped on it and will never have to find out!

No tax stamp . And they gave 6 years for the DD's to be registered and there were maybe what? 10K total. Now they give 120 days to do 10+ million with a website that is bad on good days.

 

[Gypsyman]

@wired can you confirm that the NICS systems is down? I was just headed out the door to get pick up another lower and got a call from my FFL. He received an email stating that the NICS system has experienced some type of major failure and is down. My guess is this will become more common as the influx of new applications continues. What a PITA.

 

[wired]

Works for me.

 

[Gypsyman]

I wonder what's going on?

 

[ilikegunspdx]

@wired can you confirm that the NICS systems is down? I was just headed out the door to get pick up another lower and got a call from my FFL. He received an email stating that the NICS system has experienced some type of major failure and is down. My guess is this will become more common as the influx of new applications continues. What a PITA.

Hmmm kinda makes me wonder if OSP was expecting OR Supreme Court to throw out the injunction yesterday and they were going to switch back to m114 mode. Just speculation.

 

[concretehardt]

No tax stamp . And they gave 6 years for the DD's to be registered and there were maybe what? 10K total. Now they give 120 days to do 10+ million with a website that is bad on good days.

It was outrageous and unconstitutional when they did it back then! What is happening this time is all of that and also logistically impossible IMHO.