Braced Pistols to become SBR's starting in December?

[Snake-Eyes]

That's the phrase.
3 braces, no stamp, felon.
3 braces, 2 stamps, felon?
I like options. None of my configurations are set in stone. I swap stuff like underwear. LEGALLY.

As I understand it (of course, I still need to waste more hours RE-reading the “final” version they published), if you had a braced pistol, and you swapped the barrel to rifle length (16” or more), then no need to remove the brace. If you don’t have a rifle-length barrel option, then you have to remove the brace such that you can’t reattach it.

So, given the bajillion possibilities of what you own, is there a combination that is ILLEGAL WITHOUT any way for those parts to be used LEGALLY? Then it’s “constructive possession.”
However, if you have a rifle-length barrel that can wear that brace, then it’s fine to have spares.

So, example: you have four AR receivers that were all built as a pistol first (so they’re always considered pistols), each with a milspec receiver extension that can accept a standard AR stock or an SBA3 brace. You have one stock, four SBA3 braces, one 16” barreled upper, and four 10.5” barreled uppers.

Remove the braces from any receiver that has an upper with less than a 16” barrel. That’s it.*

Those receiver extensions are necessary for the function of the pistol, so they are fine, as is, no need to be smooth round “pistol” tubes. The 16” upper makes a “rifle” that can legally use the stock OR any of the braces, so it’s fine.

It can’t be “Contructive possession” because you have a legal configuration to use the braces (16” upper), and you have legal configurations to use the less-than-16” uppers (built-as-pistol receivers). This ASSumes your receivers don’t have other extensions that would God-forbid “extend“ the rear of the naked receiver tube closer to you, like a folding-stock adapter. (I’m still not sure why a folding adapter isn’t fine on a “pistol”, so for now, play like it isn’t).

Clear as mud?
Yeah, FJB and his “aft”.


*I’m not a lawyer. I didn’t stay at a Holiday Inn Express last night. Just my opinion.

 

[Raven]

That's the phrase.
3 braces, no stamp, felon.
3 braces, 2 stamps, felon?
I like options. None of my configurations are set in stone. I swap stuff like underwear. LEGALLY.

It's a trap. Quit playing in the trap... or else you're going to get caught in it eventually

 

[DAS HUGH!]

That's the phrase.
3 braces, no stamp, felon.
3 braces, 2 stamps, felon?
I like options. None of my configurations are set in stone. I swap stuff like underwear. LEGALLY.

How exactly does one swap underwear illegally?

 

[Snake-Eyes]

It's a trap. Quit playing in the trap... or else you're going to get caught in it eventually

Yup.

The bare-bones question for folks to ask themselves still remains:
If you self-identify to own an illegal SBR and the Form-1 comes back denied, are you ok with the remaining options and likely actions from the government?

If not, then don’t apply. Reconfigure and move on with your life. Stay off their “self-identified felons” list.

 

[.22 cents]

 

[Rebel_Rider1969]

Maybe some new verbiage towards the brace. It seems the buffer tube isn't in the conversation anymore. Maybe leave your position tube on?...maybe?
View attachment 208977

#6 Extend middle finger and keep it.

 

[JWlineman]

The Cliff Notes of this issue..

 

[Snake-Eyes]

^— Yep.

It’s a trap. That agency won’t go through all of this headache just to help you get a “free” tax stamp. There’s gonna be a catch, and it won’t be nice.

“Joshua” said it best:

 

[Rebel_Rider1969]

Just wait till they "reinterpret" silencers. Coming soon to a mass shooting near you. Betting one soon will have a can on it.

 

[lil'skeet]

Just wait till they "reinterpret" silencers. Coming soon to a mass shooting near you. Betting one soon will have a can on it.

Yup, with a brace and binary trigger. Don't want to give up on those deadly triggers just yet. Old Chinese saying, "beat that f#cking dead horse till it comes back to rwife".

 

[Rebel_Rider1969]

Yeah!

South Dakota joins lawsuit against ATF pistol regulations

SIOUX FALLS, S.D. (KELO) — South Dakota is joining 24 other states in a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Attorney General Marty Jackley announced Frida…

www.keloland.com

 

[srbimmi]

I wasn't aware of the 790.221 in Florida statute. Does this mean if you apply to register your pistol you are automatically a felon by Florida state law? If that's true, it's a double whammy.

 

[.22 cents]

I wasn't aware of the 790.221 in Florida statute. Does this mean if you apply to register your pistol you are automatically a felon by Florida state law? If that's true, it's a double whammy.

 

[stage20]

I wasn't aware of the 790.221 in Florida statute. Does this mean if you apply to register your pistol you are automatically a felon by Florida state law? If that's true, it's a double whammy.

Illegal to own without a tax stamp. I know too many people in Florida with tax stamps and SBR and they aren't going to jail because they are in Florida. But we can also say more grey areas.

 

[Daezee]

Illegal to own without a tax stamp. I know too many people in Florida with tax stamps and SBR and they aren't going to jail because they are in Florida. But we can also say more grey areas.

"790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted."

I just watched a Washington Gun Law video in which the speaker lists Florida (and other states) as a problem state for having a SBR and that you need to consult a local attorney, without going into specific Florida detail (nothing about (3) above was mentioned in the video). Well, that was news to me (and I live in Florida and own a SBR), so I looked it up. It is quoted above. I did not remove any of the words nor put in any words.

MY OPINION: From a Florida statute perspective, (3) above would apply to a pistol braced pistol being registered during the 120 day period if you are not a prohibited person, so there would be no problem. If you are prohibited from possessing a firearm and you try to register a braced equipped pistol (therefore your application will be denied), and ATF notifies your local law enforcement), you could be in big trouble.

 

[Snake-Eyes]

"790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted."

I just watched a Washington Gun Law video in which the speaker lists Florida (and other states) as a problem state for having a SBR and that you need to consult a local attorney, without going into specific Florida detail (nothing about (3) above was mentioned in the video). Well, that was news to me (and I live in Florida and own a SBR), so I looked it up. It is quoted above. I did not remove any of the words nor put in any words.

MY OPINION: From a Florida statute perspective, (3) above would apply to a pistol braced pistol being registered during the 120 day period if you are not a prohibited person, so there would be no problem. If you are prohibited from possessing a firearm and you try to register a braced equipped pistol (therefore your application will be denied), and ATF notifies your local law enforcement), you could be in big trouble.

Agreed.

Problem still remains unanswered: what if the application comes back denied?

Regardless of the reason or merits or lack thereof. If the application is denied, the applicant is now in verified possession of an illegal SBR. That fact is proven via self-submitted photos and sworn documents, date-stamped AFTER the “rule” went into effect. Even IF the federal agency decided to NOT take “enforcement action” as they already say they can, the state LEO can take that same evidence and prosecute for felony.

Not even double-jeopardy... but twice the risk.

A denied application means no recourse for the applicant. “Insta-Felony” and hope to get it overturned later?

No thanks.

 

[Daezee]

If one chooses to not take any of the ATF outlined courses of action. Is that person willing to face and accept the possible consequences? I’d advise that person to choose wisely, considering themselves, their future, and their family.

 

[Raven]

If one chooses to not take any of the ATF outlined courses of action. Is that person willing to face and accept the possible consequences? I’d advise that person to choose wisely, considering themselves, their future, and their family.

Play stupid games... win stupid prizes. Quit playing in the trap altogether

 

[Snake-Eyes]

If one chooses to not take any of the ATF outlined courses of action. Is that person willing to face and accept the possible consequences? I’d advise that person to choose wisely, considering themselves, their future, and their family.

There are ways to reconfigure the weapon to be in-compliance with this Unconstitutional BS without registering anything.

There are individual choices to make about selling gear or giving to friends or relatives who don’t own the other items that would constitute “constructive intent possession”.

My home is in order. I’m not a felon. I’m not even in violation of this stupid edict.

I make zero apologies for condemning the spineless oathbreakers who would support or attempt to enforce this insane overreach from a bunch of federal desk-jockeys.

 

[stage20]

If one chooses to not take any of the ATF outlined courses of action. Is that person willing to face and accept the possible consequences? I’d advise that person to choose wisely, considering themselves, their future, and their family.

I'm not entirely straight on that statue.
You reside in Florida and have an SBR tax stamp. Are you now going to destroy your SBR? Federal trumps state law. Will anyone in Florida even care? Still can't comprehend what's legal.