Pistol brace ruling

[GunRelated]

I just wanna let y'all know, I bought me one of those braced pistols a while back and I actually got one of those free tax stamps, even though I clowned on everyone for doing it. It's Christmas time, and the wife and kids need presents, so I'm gonna have to list that "bristol" to scrape up some extra scratch.
I'll be sure to *NFA* *NFA* *NFA* my listing so y'all know I ain't selling nothing illegal.

 

[70mikenike70]

I just wanna let y'all know, I bought me one of those braced pistols a while back and I actually got one of those free tax stamps, even though I clowned on everyone for doing it. It's Christmas time, and the wife and kids need presents, so I'm gonna have to list that "bristol" to scrape up some extra scratch.
I'll be sure to *NFA* *NFA* *NFA* my listing so y'all know I ain't selling nothing illegal.

I’m rolling here!!!

 

[70mikenike70]

Privately owned site. That you agreed to the rules of. Right now rules are no braced pistols.
Pretty simple.

Yep you’re absolutely right. I will follow the rules too!

 

[thperez1972]

Thank you for responding! You make very good points, but finally we are getting to where we can discuss this craziness that they are unlawfully trying to bring down on us without everyone getting upset and violent. So what I’m gathering is that y’all have a privately owned website where you can make all the rules that you can possibly think of to cover your anus and nobody has a legal leg to stand on…. I like that! It proves part of my point. If you can make rules that nobody even the gov can’t stop you from making, why in the world would we make a rule that is not lawful just to appease the fed dummies who don’t care about our rights? I say we because I feel like if you are a member of this site we are a team/family member of gun rights. Why wouldn’t you make the site rule that braces are legal on or off the gun? The “rule” from the ATF is not a “Law” it was not voted on by congress. It was not placed into a congressional vote to be deemed an actual Law. The way the ATF is going they could just start making rules on rules on rules and they can do that all day but it isn’t legal unless they get a congressional vote. So……?

First of all, I don't agree with the ATF's rule. I feel it should be struck down for a couple of reasons. But I also understand rights and where they end. I would never expect that I could form a protest inside of a restaurant then yell about the 1st amendment when they asked me to leave. The restaurant is someone's private business. I don't have 1st amendment protections there. In the same way, you don't have 1st amendment protections here. But given that, the mods and admins are pretty good about letting conversations continue. In fact, I reopened the Israel/Hamas thread after someone else closed it because I felt that differing viewpoints should be discussed.

And yeah, the site could make whatever rule it wanted. The site could make a rule that said it was fine to transfer a suppressor without a form 4. But that would do nothing to change reality. And when it comes to the rule, the atf created the rule to explain their new interpretation of the law. According to them, they did not create a law. They only changed how they interpret it. I disagree. They took something that was legal and said it is now illegal. As far as I'm concerned, they created a law. But I don't get the final say. That's up to the courts. And until the courts make a final ruling, the rule is still in effect. It just can't be enforced right now.

 

[70mikenike70]

First of all, I don't agree with the ATF's rule. I feel it should be struck down for a couple of reasons. But I also understand rights and where they end. I would never expect that I could form a protest inside of a restaurant then yell about the 1st amendment when they asked me to leave. The restaurant is someone's private business. I don't have 1st amendment protections there. In the same way, you don't have 1st amendment protections here. But given that, the mods and admins are pretty good about letting conversations continue. In fact, I reopened the Israel/Hamas thread after someone else closed it because I felt that differing viewpoints should be discussed.

And yeah, the site could make whatever rule it wanted. The site could make a rule that said it was fine to transfer a suppressor without a form 4. But that would do nothing to change reality. And when it comes to the rule, the atf created the rule to explain their new interpretation of the law. According to them, they did not create a law. They only changed how they interpret it. I disagree. They took something that was legal and said it is now illegal. As far as I'm concerned, they created a law. But I don't get the final say. That's up to the courts. And until the courts make a final ruling, the rule is still in effect. It just can't be enforced right now.

Well I nominate you for SCOTUS

 

[WilsonCombatant]

The ATF’s appeal is going to fail. Joe and hunter are going to waltz into the 5th circuit courthouse and tell the judge the white supremacist Kyle rittenhouse took out Santa Claus , George Floyd, the Easter bunny, Michael brown, the tooth fairy and Trayvon martin with a 1000 round clipped braced pistol

 

[AdvancedLaser]

I just wanna let y'all know, I bought me one of those braced pistols a while back and I actually got one of those free tax stamps, even though I clowned on everyone for doing it. It's Christmas time, and the wife and kids need presents, so I'm gonna have to list that "bristol" to scrape up some extra scratch.
I'll be sure to *NFA* *NFA* *NFA* my listing so y'all know I ain't selling nothing illegal.

You might wanna have it removed from the NFA Registry before you sell it, if its not an actual transfer. You are relying on Bayou Shooter legal advice from some of the internet lawyers.. Just sayin.

 

[thperez1972]

You might wanna have it removed from the NFA Registry before you sell it, if its not an actual transfer. You are relying on Bayou Shooter legal advice from some of the internet lawyers.. Just sayin.

I know...it would be easier to just take off the brace before listing the pistol on here.

 

[GunRelated]

You might wanna have it removed from the NFA Registry before you sell it, if its not an actual transfer. You are relying on Bayou Shooter legal advice from some of the internet lawyers.. Just sayin.

I know...it would be easier to just take off the brace before listing the pistol on here.

Well, hang on now. Is it an NFA item or not? Y'all gotta make up your mind.

 

[WhereIsIt?]

I know...it would be easier to just take off the brace before listing the pistol on here.

But it's an NFA item and he would advertise it as such.. So how is it any easier to just take the brace off?

 

[thperez1972]

Well, hang on now. Is it an NFA item or not? Y'all gotta make up your mind.

But it's an NFA item and he would advertise it as such.. So how is it any easier to just take the brace off?

 

[machinedrummer]

It’s obvious the scotus will continue to kick the can down the road till its controlled by leftist and then they will “transform” our 2A. Am I the only one who can see what’s going on??

 

[Bigchillin83]

Not here obviously… buttt…

 

[thperez1972]

Their legal department has determined it's an acceptable risk for them to sell what the ATF currently considers NFA items because the courts have said the ATF cannot enforce their rule at this time. Good for them. Do they have a place to facilitate private transfers?

 

[Bigchillin83]

Do they have a place to facilitate private transfers?

They do have 2-3 store fronts that you can go to and pick up ffl items if that’s what your asking…

 

[thperez1972]

They do have 2-3 store fronts that you can go to and pick up ffl items if that’s what your asking…

I was thinking more along the lines of listing your weapons or having a consignment area.

 

[WhereIsIt?]

View attachment 153833

But he got it stamped.. So it's still an NFA item regardless. Unless he takes it off the registry.

 

[thperez1972]

But he got it stamped.. So it's still an NFA item regardless. Unless he takes it off the registry.

While I personally believe you are never wrong, the ATF seems to disagree with you.

"Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of
components
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon."
-The ATF

https://www.atf.gov/firearms/docs/guide/atf-national-firearms-act-handbook-atf-p-53208/download

tl;dr:

 

[John_]

But he got it stamped.. So it's still an NFA item regardless. Unless he takes it off the registry.

And its easy, all you have to do is mail the ATF a letter requesting it be removed from the registry. Same place I send my prints for an F1 or SBR submission I believe. Needy Road in WV from my memory?

Me taking the collapsible stock off my stamped AR-15 SBR and selling it to any individual via an on line ad is pretty dumb imo. (How about out of my car window for $500 cash? A drive by sale, like purchasing a daquiri or a hamburger.) Also engraved with my name and city/state. Without taking it off the NFA registry first. I mean sure I could grind away the engraving first, but its SN is recorded/registered too. De-facing a firearms SN is a no no too. But we who possess stamped NFA items have already played by the rules for compliance, so why would we NOT send the letter first?

 

[John_]

If you want to adjust the length on your F1 silencer, you send the ATF a letter advising the change. Guys with way more experience (decades) than myself on our silencer forum have told me all you have to do is send the letter and you are GTG with the change. Do not have to wait for an acknowledgement from ATF. Write out a simple letter to the ATF on toilet paper, take a picture of it with your phone, stuff it in an envelope and mail via regular stamped USPS 1st class mail. So freakin hard.