Just sat through an hour long presentation by the ATF regarding the Pistol Brace (ATF Final Rule 2021R-08F) Situation. The following is a list of notes directly from the ATF regarding confusing issues surrounding the new law.
Very important: As of yesterday, January 31, 2023, it is illegal to sell, trade or otherwise transfer a pistol with a brace installed to either an individual or a dealer. It is considered an unlicensed NFA transfer.
- The Tax Forbearance period will run from Jan 31, 2023 through May 31, 2023. They are not considering it an amnesty.
- Pistol braces are not considered NFA items, only the firearm it is attached to. Pistol braces are considered parts. Constructive possession is very real in this situation. It will be constructive possession if the two items (pistol w/ brace removed) and brace are sold in the same transaction.
- There is NO NFA EXCEPTION for disabled veterans, citizens or anyone else for use of a braced pistol as of Jan 31, 2023.
- All forms submitted before May 31, 2023 will be processed. The ATF will consider a copy of your "submitted" form as proof of registration until your form is approved. You will be in compliance if you are in possession of that form.
- Tac 14 / Shockwave shotguns are not permitted to be registered tax free.
- Once the stamp is approved, any stock device can be used on the registered SBR. Vertical grips may also be installed. (Yes, they said approved, not submitted.)
- Existing markings may be used. You do not need to engrave your firearm.
- Receivers will not be able to be registered tax-free. The new law only applies to items that are legally pistols.
- Standard Form 1 and Form 4 processing is NOT being slowed by these submissions. There is a different team working on the brace Form 1 paperwork, and there is a different section of the Efile website.
- When submitting a photo of the firearm, a close up of the information (maker, model, serial) may be used. A full photo of the firearm is not needed (although I would recommend sending one anyway, just in case they get squirrelly.)
- There could be up to 40M submissions. There is no time frame for approval. Again, submitted form is proof of legal ownership.
- People under 21 can register a pistol SBR according to state law. If it's legal to possess in your state, someone under 21 can register it as an SBR.
-Pawned pistols with braces can not be returned in their current format. Discuss this with your pawnbroker.
- If your form 1 is denied for a clerical error, you can resubmit.
- RONIs / parts can not be registered. To clarify, if they were purchased as a kit with a firearm, the firearm would need to be put on a form 1.
- Anyone submitting the form 1 before Jan 31 will not be automatically denied. Legislation was approved on Jan 13th. Any forms submitted after that date are in queue and will be processed normally.
- When in doubt, ask a lawyer.
For clarification of any issues. email Fire_tech@atf.gov.
And finally, I am not a lawyer - This is information that was just conveyed to dealers through the ATF live presentation. I am only recounting the verbal Q/A section.
Very important: As of yesterday, January 31, 2023, it is illegal to sell, trade or otherwise transfer a pistol with a brace installed to either an individual or a dealer. It is considered an unlicensed NFA transfer.
- The Tax Forbearance period will run from Jan 31, 2023 through May 31, 2023. They are not considering it an amnesty.
- Pistol braces are not considered NFA items, only the firearm it is attached to. Pistol braces are considered parts. Constructive possession is very real in this situation. It will be constructive possession if the two items (pistol w/ brace removed) and brace are sold in the same transaction.
- There is NO NFA EXCEPTION for disabled veterans, citizens or anyone else for use of a braced pistol as of Jan 31, 2023.
- All forms submitted before May 31, 2023 will be processed. The ATF will consider a copy of your "submitted" form as proof of registration until your form is approved. You will be in compliance if you are in possession of that form.
- Tac 14 / Shockwave shotguns are not permitted to be registered tax free.
- Once the stamp is approved, any stock device can be used on the registered SBR. Vertical grips may also be installed. (Yes, they said approved, not submitted.)
- Existing markings may be used. You do not need to engrave your firearm.
- Receivers will not be able to be registered tax-free. The new law only applies to items that are legally pistols.
- Standard Form 1 and Form 4 processing is NOT being slowed by these submissions. There is a different team working on the brace Form 1 paperwork, and there is a different section of the Efile website.
- When submitting a photo of the firearm, a close up of the information (maker, model, serial) may be used. A full photo of the firearm is not needed (although I would recommend sending one anyway, just in case they get squirrelly.)
- There could be up to 40M submissions. There is no time frame for approval. Again, submitted form is proof of legal ownership.
- People under 21 can register a pistol SBR according to state law. If it's legal to possess in your state, someone under 21 can register it as an SBR.
-Pawned pistols with braces can not be returned in their current format. Discuss this with your pawnbroker.
- If your form 1 is denied for a clerical error, you can resubmit.
- RONIs / parts can not be registered. To clarify, if they were purchased as a kit with a firearm, the firearm would need to be put on a form 1.
- Anyone submitting the form 1 before Jan 31 will not be automatically denied. Legislation was approved on Jan 13th. Any forms submitted after that date are in queue and will be processed normally.
- When in doubt, ask a lawyer.
For clarification of any issues. email Fire_tech@atf.gov.
And finally, I am not a lawyer - This is information that was just conveyed to dealers through the ATF live presentation. I am only recounting the verbal Q/A section.
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