Pistol Brace Amnesty

[The Rat]

Where does this 88 day automatic denial come from?

Even if the 88 day automatic denial is a thing, I doubt prosecuting someone for following the rule would hold up well in the courts.

While it is completely true that a gun could be configured numerous ways that would make compliance anyone's guess, I have to question not knowing how to advise a client when I have set forth a clearly compliant configuration above.

I'm curious about that as well, because I've had eform 1's sitting for upwards of 7 months due to background check delays. That was a couple years ago though.

[StraitR]

1443369[/URL]]This video has making the rounds today:


The short version is that if your background check is delayed, the ATF auto-denies your application after 88 days. If that happens with a brace submittal, because you've already admitted to them that you have what they consider an illegal SBR, they may proceed with an "enforcement action." This could be problematic especially if someone submits right at the end of the 120 day grace period and can't resubmit again.

Thoughts? My initial thought is that it'd take an awful lot of manpower to go after that many gun owners, but it does still seem like a big problem in the current scheme.

My thought would be, if you’re worried it’s a trap, then submit your eForm and trash your braces. In other words, do the option of removing and rendering them unable to reinstall (or whatever the exact language was). If you’re super worried, remove the receiver extensions from your AR pattern “pistols” altogether and literally throw the braces in the trash while you wait for your stamps. Should you be denied, and they show up to seize your unregistered NFA item you so kindly sent them pictures of, there are none to be found outside some constructive possession weaksauce if they really felt like hemming you up.

[HCM]

I’ve had a hard time just getting them to take cases against real criminals.

Where does this 88 day automatic denial come from?

Even if the 88 day automatic denial is a thing, I doubt prosecuting someone for following the rule would hold up well in the courts.

While it is completely true that a gun could be configured numerous ways that would make compliance anyone's guess, I have to question not knowing how to advise a client when I have set forth a clearly compliant configuration above.

I'm curious about that as well, because I've had eform 1's sitting for upwards of 7 months due to background check delays. That was a couple years ago though.

My thought would be, if you’re worried it’s a trap, then submit your eForm and trash your braces. In other words, do the option of removing and rendering them unable to reinstall (or whatever the exact language was). If you’re super worried, remove the receiver extensions from your AR pattern “pistols” altogether and literally throw the braces in the trash while you wait for your stamps. Should you be denied, and they show up to seize your unregistered NFA item you so kindly sent them pictures of, there are none to be found outside some constructive possession weaksauce if they really felt like hemming you up.

BillSWPA is correct. Even if ATF wanted to "gotcha" people like this getting an Assistant U.S. Attorney and a U.S. Magistrate on board with prosecuting people who were making reasonable efforts to comply with a new legal provision based on a "timed out" background check is a non starter. That's if this 88 day thing is even real and not simply a GOA fundraising boogeyman.

[The Rat]

Thanks for the responses y'all. I was thinking it would be a bit farfetched to have that kind of 'gotcha' across so large a populace, but it's difficult to get a more reasoned discussion about this elsewhere online.

[Paul Blackburn]

The atf and doj is way too trustworthy to pull any shenanigans like that against a compliant flock of citizens.

[HeavyDuty]

Where does this 88 day automatic denial come from?

Even if the 88 day automatic denial is a thing, I doubt prosecuting someone for following the rule would hold up well in the courts.

While it is completely true that a gun could be configured numerous ways that would make compliance anyone's guess, I have to question not knowing how to advise a client when I have set forth a clearly compliant configuration above.

Yeah, I call bullshit on that. Both of my prior eForm 1s took longer than 88 days.

[HeavyDuty]

And still nothing in the Federal Register or public inspection section…

[farscott]

I’ve had a hard time just getting them to take cases against real criminals.

I am wondering which US Attorney would sign up for prosecuting a pistol brace case that is the result of an amnesty application expiring because the BATFE is deluged with new Form 1 applications due to the same amnesty. Setting aside the rest of the legal concerns around the lawfulness of BATFE's new rule, I do not imagine many US Attorneys want to risk their conviction records and limited resources on such a case. I am sure there is one who thinks such action will make him or her electable to some public office, but I cannot imagine there are too many.

[JCN]

Remember, the ATF is now saying your braced pistol is, and has always been an SBR, and you are the unlicensed possessor. Yet, they give you the option of removing the brace and make it a pistol. No brace (stock), no intent to fire from the shoulder, aka no rifle and by extension no SBR. They’re telling you it can be reconfigured to a pistol from its current SBR state, registered or not. They’re not saying you have to “create a NFA item” by registering it, it’s already an NFA item per their new rule, they’re just extending the opportunity for amnesty.

Anyway, thanks for the good discussion. Hoping this gets more digestible and clearer as the days pass. I blame any typos on the time and iPad from bed.

This is what I read as well and that was my understanding about my MPXs when I SBR’d them.

[The Rat]

I suppose it does raise one question though. What does a person do if they've submitted an eform 1, the waiting time goes past the 120 days, and the eform gets denied on some dumb technicality/website glitch?

Because I have had eforms get denied because I didn't have one document or another uploaded, when I definitely did. (I assume website glitch, didn't take the upload properly.) On a regular eform 1 that's not a huge deal, you just resubmit with whatever corrections you needed to make. But this situation could be more touchy, depending on denial timing.