What's the guidance for FFLs taking in braced pistols on trade or consignment?
What's the guidance for FFLs taking in braced pistols on trade or consignment?
Taking a break from social media.
I was in at my local FFL yesterday. He stated that all braced pistols that have come into the store since the ruling has been announced have had to be treated as SBR's. Apparently FFL's are not allowed to simply remove the brace and treat them like pistols. He said it's been an absolute nightmare.Originally Posted by CCT125US
My understanding is that, as far as the ATF is concerned, all firearms that were pistols with braces on them in 2022 (and the first several weeks of 2023) are now unregistered SBRs. That the ATF's opinion is that all such weapons need to be registered as SBRs. And that an FFL SOT cannot transfer such firearms until they are registered and must transfer them on Form 3s (to other FFL SOTs) or Form 4s. It would therefore follow that they would be unable to take in such weapons except when they have been registered by the current possessor and then transferred to the FFL in a manner consistent with the NFA.
I would be happy to be wrong. And I do not know how FFLs without SOTs are expected to deal with such firearms, except perhaps to pull the uppers off the lowers and sell the uppers and lowers separately.
And remember when demons and beasts cast their darkness, you have God's love - and Browning's wrath - to guide you.
I think the current guidance is "don't do it." An owner can apply within the 120-day window, and as long as they retain proof of application they can safely retain the item, but they can't then transfer it until it officially hits the registry. That seems to include transferring it to an FFL. According to ATF, not even a gunsmith.
ATF told FFLs at the time of publication of the rule that a braced pistol that was then en route needed to be refused and returned to the shipper. ATF said that if an FFL opened a box and discovered a braced pistol inside, they needed to contact ATF and follow the same protocol that would apply if they opened a box and discovered an unregistered machine gun. (!)
Where's that injunction!?
The braced pistol would first need to be submitted on a Form 1 by the owner. Only after receiving their approved stamp (PDF for electronic submissions) would the owner then be able to submit a paper Form 4 (individuals cannot eForm 4) to transfer ownership to another person or entity. This includes transferring to FFL/SOT holders. NFA items cannot be consigned with an FFL/SOT for obvious possession restrictions. Now that braced pistols are deemed unregistered SBR’s, they cannot be consigned.
The only options for individuals or FFL’s wanting to sell their braced pistols without going through the eForm1 process are to remove the brace or convert to 16” barrel.
Someone on reddit reported getting his approval last week. Apparently, you don't actually get a stamp because no tax was paid. Instead, box C is checked:
https://www.reddit.com/r/NFA/comment...race_eform_1s/c. Tax Exempt. Firearm is not subject to the making tax pursuant to Title 26 U.S.C. $$ 7801, 7805. To confirm the application qualifies for tax-free registration, ATF may require additional supporting documentation, such as photographs of the firearm to be registered.
We could isolate Russia totally from the world and maybe they could apply for membership after 2000 years.
While I respect these guys (been watching them for years) I have also watched the California cops which he promotes as tired of government infringement, let LA burn in 2020 while a month earlier arresting surfers for daring to ignore the Covid restrictions. In short I have reached the sad conclusion that many (or even most) cops will do what they are told to do despite their personal feelings.
I agree with the “wait and see advice” but at the end of the day I’m not going to trust my avoiding jail to the idea that a cop won’t care about the configuration of my pistol.
Maybe I spent too long in Kalifornia..
I agree. Assuming a police officer will not care is taking a huge, avoidable risk.
I can see a few licenses being revoked by the ATF if the braced pistols aren't treated as NFA items now.
That doesn't have to be an action by the ATF (DOJ) against an individual who owns an unregistered braced pistol, but the ATF definitely has control over the business of a dealer. It does have a chilling effect for a person who wants to stay in business as a dealer.
If someone has a braced pistol, purchased legally, and just squirrels it away or removes the brace, how is the ATF going to find those? Was it a pistol with a brace at the time of sale, or not.
Are pistols described as being braced when they are originally transferred by the FFL. IDK because I've never purchased one, but that seems odd to me because it wasn't an NFA item when it was purchased. It was a pistol by ATF definition at that time and probably described as a pistol by the FFL because by ATF's own definition, it was a pistol.
Last edited by Borderland; 02-11-2023 at 03:35 PM.
In the P-F basket of deplorables.
That says "APPROVED WITH CONDITIONS"?
Are you loyal to the constitution or the “institution”?
Reply With Quote