I was getting nervous that my last efile was going to fall into that trap after taking 6 months longer than the other ones...Originally Posted by nalesq
I was getting nervous that my last efile was going to fall into that trap after taking 6 months longer than the other ones...
And now, they just got “Approved With Conditions.” These were trust submissions, incidentally.
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Mine was approved this week;
Individual
Submitted 5/19
Approved 9/15
Do they tell you what the conditions are?
"Pursuant to ATF Final Rule 2021R-08F." Whatever the hell that really means.
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Means you didn’t have to engrave or pay the $200 tax. Citing said rule.
All of this mess is why I just SBR’d the lower I always meant to when this whole thing came out. Yes, I still had to pay the tax and get it engraved, but it’ll be in the exact same boat as my other SBRs. There was just way too much confusion and potential for jerking around with this whole final rule and amnesty mess.
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Yeah, but what happens if that Final Rule is invalidated by the court, which is well within the realm of possibility? Does that mean my associated Form 1 is also invalidated?
Who knows?
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I don't have a dog in this fight but I don't see why submitting a form for a permit to be legal for something that the fed doesn't really know exactly what constitutes a SBR today. It'll probably change in a year or two. Chasing rainbows and permits seems like a waste of time IMO.
Of course, these bureaucratic rulings are always subject to change. They can be eliminated or reinterpreted by the whim of a non-elected department administrator or by an elected presidential administration. https://www.silencercentral.com/blog/sbr-vs-pistol/
Last edited by Borderland; 09-16-2023 at 09:56 PM.
In the P-F basket of deplorables.
Whether or not the rule is constitutional, we all had options. Go thru the process and SBR… or remove the brace/install a longer barrel… or destroy/turn in the firearm… or tell the government that you don’t care. We are all adults and we all made the best call considering our individual situations.
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).
Now, if the Judiciary decides the rule is unconstitutional… it will likely be similar to the EPA ruling. In short, “hey ATF… don’t do dumb stuff and leave legislation to the legislature.” And then, anyone who may still have a braced pistol will be able to show it off without any concern of Mr ATF man jamming them up. People will be able to buy braces and make braced pistols again… or at least until people in DC fight again to make it illegal. Hell, I still have an SBA3 or two that I would build another pistol lower so I could pop pins and not be traveling with a SBR.
If the rule is overturned, removing 250,000 items off the registry likely won’t be a main consideration. Argument being… we put in the application and got an approval, whereas we could have just pulled the brace off. Even if the rule was unconstitutional, ATF processing the applications was done following the NFA. It also has to consider that people who SBRed their braced pistols likely put a stock on… since that is legal to do on a SBR. Hell, ATF made it clear once the Form 1 is approved, a stock can be installed… just not before approval.
I had six braced pistols. You know how many of those now have stocks? All six. I even SBSed my TAC-14, which was screwed over when the folding brace letter came out and then the brace ruling… even though ATF approved multiple 12 Gauge firearms with braces.
If the amnesty SBR approvals were yanked, doesn’t that retroactively make me a felon? At the most, I think you’d see a letter sent to every applicant… giving the outcome of the ruling and asking if the applicant would like the item to return to its original status.
That isn’t even considering the red tape if the applicant transferred the item to another person, which that recipient would have paid the $200 and received a stamp. Remember, these amnesty SBRs aren’t marked with people’s or trust names. You’ll see more interest in buying a X brand SBR… instead of a X brand SBR with John Smith’s name and location engraved on it.
But you are correct… nobody knows what can happen. I just don’t play “the sky is falling” game. I registered my braced pistols because I work for another Federal agency, and don’t need to get jammed up due to NFA violations. The stock on my PTR 9CT is much more better than the brace. If things change, I’ll deal with it at that time.
And to lighten the mood… the PTR with said stock.
I have an A2, but like this one more.
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