Pistol Braced Firearm same as SBR? Or its own new NFA Category?

[M4Fundi]

I am confused. Is the ATF forcing pistol braced firearms to be legally "SBR"s or are they creating an entirely new and separate NFA category of "Pistol Braced Firearms" where said firearm is required to have a pistol brace on it? Or are the pistol braced firearms just being lumped into the SBR category and you can Form 1 them and then throw your pistol brace away and legally put a real stock on the firearm?

[georgeib]

They're considered SBRs based on the brace and some other criteria. No special category, just run of the mill SBRs. The ATF considers them essentially unregistered SBRs, and is generously (/s) offering to waive the tax if you Form 1 them within 120 days of the rule being published in the federal register.

[hoopharted]

They're considered SBRs based on the brace and some other criteria. No special category, just run of the mill SBRs. The ATF considers them essentially unregistered SBRs, and is generously (/s) offering to waive the tax if you Form 1 them within 120 days of the rule being published in the federal register.

they use to be 2 separate things , now they are saying a brace is considered a "stock" , so if you keep the brace on it will be considered a SBR subject to NFA guidelines

remove the brace it remains a "pistol" so not doing away with pistols , just saying a stabilizing brace is now considered a shouldering device in turn not conducive with a pistol , yet Lugers and Broom handles have shouldering devices and are considered pistols with those attached

so lose the brace it remains a pistol , keep the brace its now a SBR , im confident as the bump stocks it will be over turned

[markm]

The first time I came across a dude shooting a "brace", I was like... this is sketchy. It was completely an SBR. That said, the idea of SBR being NFA is totally retarded. It's like saying a "switch blade"/automatic knife is more dangerous. Just stupid.

[M4Fundi]

Thanks! So if you wanted to SBR an AR this is a good opportunity to save $200?

[DwayneZ]

Thanks! So if you wanted to SBR an AR this is a good opportunity to save $200?

What if the mfr markings came with and xfer'd via 4473. If the item was not inventoried as a pistol could you still get free stamp?

[DwayneZ]

The first time I came across a dude shooting a "brace", I was like... this is sketchy. It was completely an SBR. That said, the idea of SBR being NFA is totally retarded. It's like saying a "switch blade"/automatic knife is more dangerous. Just stupid.

Look at it this way. The dummies at ATF are forcing two things. Either SBR your as-is braced-pistol item, or remove the rear attachment to keep it a pistol and thus easier to conceal.

[kerplode]

What if the mfr markings came with and xfer'd via 4473. If the item was not inventoried as a pistol could you still get free stamp?

Well, it would have either been a "handgun" or a "other firearm" as those are the only two legitimate options for one of these on a 4473. Marking it a "long gun" would have been incorrect and a ****-up on the part of your FFL.

But at the end of the day, it doesn't matter as the approved Form 1 transforms it into a Short Barreled Rifle regardless of how it was originally classified. Application to Make and Register...

[Sidneyious]

The first time I came across a dude shooting a "brace", I was like... this is sketchy. It was completely an SBR. That said, the idea of SBR being NFA is totally retarded. It's like saying a "switch blade"/automatic knife is more dangerous. Just stupid.

people used to just take a rifle buffer on their pistol and stick that on their collar bone with foam on the tube

[hoopharted]

Thanks! So if you wanted to SBR an AR this is a good opportunity to save $200?

i was firmly in the Form 1 crowd , but more and more research the whole thing just came across more and more sketchy , then the bump stock was overturned ,and that flipped me into the screw them camp and here is why

this thing will be litigated all the way to the supreme court and the reversal of the bump stock creates a path to get this rule tossed , its all about the phrase common use , part of the bump stock argument was that the stock was not a firearm , it did not covert a firearm to full auto as the ARF contested , the other part they leaned on was the term "common use" , since this term was used and ultimately attached to the overturning of bump stocks it be used as weight in other arguments , there is no way even close to the numbers of bump stocks out there in comparison to braces

now , factor in that there is undeniable proof the ATF had first hand in green lighting braces , and then in turn allowing their popularity grow for 10 long years and , you guessed it create "common use" to become a large part of gun culture , low estimates of more than 40 million , only to one day wake up and say no , now they are illegal

lets pile on , the WV /EPA decision that states government agencies can not , and do not posses the power to usurp the legislation branch to create law with federal implications to citizens that include jail and fines , which is precisely what is happening here

not done yet , the constitution explicitly states that the government can not under any circumstance impose a tax on a inalienable freedom liberty of a constitutional right , ie a tax stamp on a firearm that is established as common use , the term common use is important because it negates gun controllers long time crutch argument that they did not have AR 15 rifles when the constitution was written , but they did say common use , so as advancements in firearms the normal also advances , it was either Bruin or Heller that we won that battle

so theoretically the taxing of weapons that are of a common use is unconstitutional and that the NFA system is in turn unconstitutional , this is where it really stings for gun controllers , their over reach could have laid the groundwork for the abolishment of the NFA , factor in the work being done in Texas in regards to made in Texas suppressors not being governable by NFA negating the federal tax stamp could add some big holes in whether the NFA is necessary at all , the ATF petitioned to have that case dismissed , and was quickly denied and the hearing is pretty soon , so theres a good indication on how the wind is blowing there

so in short after all of that , i will remove the brace and wait for this thing to work its way through the courts , and NOT register with the ATF