Pistol Brace Amnesty

[Suvorov]

Sounds like 5th circuit ruled against atf's rule change and procedures again. FPC, SAF members are off the hook for prosecution, apparently. Can't find the ruling or a decent article on the details currently, but I've seen it reported a few times on the tube of you's.

That’s assuming the DOJ actually follows the ruling…..

[BillSWPA]

The wording in the most recent ruling is much clearer than previous rulings: if you are a member of the FPC, the injunction covers you. I will need to see if there are any further developments in the SAF or GOA cases, but those TX courts followed the 5th Circuit FPC injunction in crafting their own injunctions, which, unless something has happened since the last time I checked, cover members of those organizations.

If anyone still has a braced pistol, I suggest keeping copies of proof of membership and the most recent orders with the gun. It is also important to keep up with developments in these cases. Although a government win is very unlikely after grant of a preliminary injunction, it is not impossible.

[YVK]

The wording in the most recent ruling is much clearer than previous rulings: if you are a member of the FPC, the injunction covers you. I will need to see if there are any further developments in the SAF or GOA cases, but those TX courts followed the 5th Circuit FPC injunction in crafting their own injunctions, which, unless something has happened since the last time I checked, cover members of those organizations.

If anyone still has a braced pistol, I suggest keeping copies of proof of membership and the most recent orders with the gun. It is also important to keep up with developments in these cases. Although a government win is very unlikely after grant of a preliminary injunction, it is not impossible.

I apologize for not being able to read through all pages: people joining FPC now are also covered?

[BillSWPA]

I apologize for not being able to read through all pages: people joining FPC now are also covered?

Please confirm this with an attorney admitted to practice in your state. The opinion ends in sone specific orders, the first of which enjoins ATF from enforcing the rule against all members of the FPC. It does not place any other limits on the scope of that portion of the order. It simply says all members. I interpret that as meaning anyone who joins is protected, and anyone whose membership lapses is not protected unless and until they renew. Please see the disclaimer below.

[fly out]

The October 2nd order can be found here:

https://assets.nationbuilder.com/fir...pdf?1696319429

This link may not work "forever" but we don't need it forever.

Sorry if I missed another posting of the order.

[ETA: The discussion of other FPC members starts on page 25 of the PDF and the conclusion regarding FPC members is on page 37. The whole thing is worth skimming. There is gold throughout.]

[farscott]

End of the day, each person who did the Form 1 has a SBR in the NFA registry. Tax stamp or not, it is governed by the rules of the NFA. ATF does have the authority to waive tax… since they have authority as revenue officers (it was cited on the Form 1s with the tax exemption option).

How does BATFE still have the classification of "revenue officers"? And how does that allow ATF to waive a tax required by federal law?

ATF used to be part of the Department of the Treasury but is now part of the Department of Justice. The firearms section of the website does not even mention revenue or tax collection whereas the alcohol and tobacco section specifically references excise tax collection. Is it because the agency as a whole collects excise taxes? Or because the agency still collects taxes on ATF Forms? FFL monies are classified as fees, not taxes, but the ATF Forms do reference taxes.

I am intrigued by the concept that part of the executive branch can waive a tax created by Congress and codified in federal statutes without any authorization from Congress. If that is allowed, what stops ATF from increasing the $200 tax associated with ATF Forms?

[Screwball]

How does BATFE still have the classification of "revenue officers"?

You can go on the current ATF Form 1 on their website and look up the statues quoted. This is the one you specifically asked about…

https://www.law.cornell.edu/uscode/text/26/7801

End of the day, discretion is needed in most L/E positions (can the single Trooper pull every car over that is doing 1 MPH over during rush hour). Their discretion to waive the SBR tax on things that were originally purchased as pistols isn’t the issue that most people have… it is the rule change from pistols to SBRs after years of back/forth. For me, that would have been a $1,200 tax hit.

For your end part, you really are reaching for straws saying that discretion could allow ATF to increase taxes. It is codified what the fee is. A government official raising a fee is illegal and very different than discretion.

[jandbj]

Zero movement on any of my May submissions. Still keeping fingers crossed.

Brace to stock adapter thingy from a great company.
https://farrow.tech/sb-tactical-fs19...ck-conversion/
Gonna get one for my Ruger Charger when that stamp clears.

All 4 of mine came back approved today. All were submitted 5/15 & 5/24/23.

[StraitR]

News of nationwide injunction. Video won’t embed using normal method.

https://www.youtube.com/live/QHmspVY...NhA2Grb4eRH_xz

[HCM]

News of nationwide injunction. Video won’t embed using normal method.

https://www.youtube.com/live/QHmspVY...NhA2Grb4eRH_xz

Here’s the actual court order:

https://storage.courtlistener.com/re...72602.68.0.pdf