Does the NFA taxfree period for a Pistol Braced weapon apply to Gun Trusts too?

[M4Fundi]

Does the NFA taxfree period for registering a Pistol Braced weapon apply to Gun Trusts too? Or only free for Form 1?

[kerplode]

Yes. And trusts also register on a Form 1.

The braced firearm has to be property of the trust when the rule goes into effect, however, so get it on your trust's property schedule asap.

[markm]

So, in theory, one could register a free SBR if said wise guy says it has a brace????

[kerplode]

In all likelihood, yes.

When you login to eforms now, you are presented with this:

Pursuant to ATF Final Rule 2021R-08F, the Attorney General has authorized certain persons tax-exempt registration of firearms they own or possess at the publication of the rule that are: 1) equipped with a stabilizing brace; 2) meet the definition of "rifle" under federal law; and 3) have a barrel or barrels less than sixteen (16) inches in length.


By proceeding with this application, you are certifying that you and the firearm you intend to register meet the tax-exempt parameters set forth in ATF Final Rule 2021R-08F. Please review Final Ruling 2021R-08F by clicking here if you have any questions whether you and the firearm you intend to register qualify for tax-exempt registration.

The above also pops up when you get to the "Electronic Documents" area of the form.

Also, they added a new "application type", and its description is as follows:

Tax Exempt. Firearm is not subject to the making tax pursuant to Title 26 U.S.C. §§ 7801, 7805. To confirm the application qualifies for tax-free registration, ATF may require additional supporting documentation, such as photographs of the firearm to be registered.

So, while they don't seem to explicitly ask for an image of the "braced firearm" it appears that they are reserving the right to do so.

Safe money would be to pick up a brace on the cheap from one of the scores of people dumping them right now, stick it on any rifles you want to free-stamp, and snap a piccie for later.

[markm]

The idea of using .gov buffoonary does have somea appeal. Not exactly the Madurna heist, but a small symbolic victory.