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Breaking 12/16/20 - ATF Rulemaking to make Braced ARs SBRs under NFA

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TheHarleyB:
ATF TO INSTITUTE RULEMAKING REGARDING STABILIZING BRACES AND REQUIRE REGISTRATION OF CURRENTLY OWNED BRACES

https://blog.princelaw.com/2020/12/16/atf-to-institute-rulemaking-regarding-stabilizing-braces-and-require-registration-of-currently-owned-braces/

In a 16 page draft copy of proposed rulemaking specifying “Objective Factors for Classifying Stablizing Braces”, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when “evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (‘NFA’) and/or the Gun Control Act (‘GCA)” and the Department of Justice’s plan to “subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA.”

While the proposed rulemaking has not yet been published in the Federal Register, it is expected to be published in the upcoming weeks and interestingly – seemingly in violation of the law – ATF is only providing a 14 day comment period, at least, pursuant to the draft copy. “Written comments must be postmarked and electronic comments must be submitted on or before INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER.” It would not surprise me if the proposed rulemaking is published on December 24th, so that most interested individuals and businesses will be distracted by the holidays and unable to respond in the two week response period. To prevent against these types of shenanigans, the Gun Control Act mandates a 90 day comment period.

As more information becomes known, we will update this blog post or publish new ones, depending on the development.

If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking by a federal administrative agency, contact Firearms Industry Consulting Group today to discuss your rights and legal options.


Unofficial Draft of Department of Justice BATFE Docket No. 2020-R10
Objective Factors for Classifying Weapons with "Stabilizing Braces"



SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is
publishing the objective factors it considers when evaluating firearms with an attached
stabilizing brace to determine whether they are considered firearms under the National
Firearms Act (“NFA”) and/or the Gun Control Act (“GCA”). ATF publishes this notice
to inform and invite comment from the industry and public on the proposed guidance,
Objective Factors for Classifying Weapons with “Stabilizing Braces,” prior to issuing a
final document. Upon issuance of final guidance, ATF will provide additional
information to aid persons and companies in complying with Federal laws and
regulations. This notice also outlines ATF’s enforcement priorities regarding persons
who, prior to publication of this notice, made or acquired, in good faith, firearms
equipped with a stabilized brace. Finally, this notice previews ATF’s and the Department
of Justice’s plan to subsequently implement a separate process for current possessors of
stabilizer-equipped firearms to choose to register such firearms in compliance with the
NFA, including an expedited application process and the retroactive exemption of such
firearms from the collection of NFA taxes.
DATES: Written comments must be postmarked and electronic comments must be
submitted on or before INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION
IN THE FEDERAL REGISTER. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after midnight Eastern
time on the last day of the comment period.



















hotshotSX7:
page 12

Consequently, following issuance of this notice, ATF and DOJ plan to implement a separate process by which current possessors of affected stabilizer-equipped firearms may choose to register such firearms to be compliant with the NFA. As part of that process, ATF plans to expedite processing of these applications, and ATF has been informed that the Attorney General plans retroactively to exempt such firearms from the collection of NFA taxes if they were made or acquired, prior to the publication of this notice, in good faith.

Free SBR stamp?

leadfarmer:
First they came for the bumpstocks... and nobody spoke up.

Then they came for the pistol braces...

How many millions of these are out there? Just from Palmetto and Diamondback alone hundreds of thousands.

And what gives with a 14 day comment period? OVER CHRISTMAS and NEW YEARS? I believe a 60 or 90 day period is required by law.

TheHarleyB:
However long the comment period is, once comments are open we need to comment against this. Comments didn't do anything for bump stocks, but there were a lot less of those out there. It worked for green tip ammo though. There's a ton of pistol braces in the wild and they're on a lot more than just ARs. CZ Scorpions, shockwaves, AKs, Ruger Chargers, Glocks.




--- Quote from: hotshotSX7 on December 17, 2020, 12:03:01 PM ---page 12
Consequently, following issuance of this notice, ATF and DOJ plan to implement a separate process by which current possessors of affected stabilizer-equipped firearms may choose to register such firearms to be compliant with the NFA. As part of that process, ATF plans to expedite processing of these applications, and ATF has been informed that the Attorney General plans retroactively to exempt such firearms from the collection of NFA taxes if they were made or acquired, prior to the publication of this notice, in good faith.
Free SBR stamp?

--- End quote ---


Free tax stamp sounds good for a couple seconds until all those millions of people find out that they can't travel across state lines with their braced pistol unless they file a 5320.20 and have it approved by the BATFE.
And they can't let anyone else have access to it. Can't be in friend or family members safe, can't let friends or family members take it to the range.
And they can no longer have it in their car since some states allow pistols in passenger car but not rifles.
And then they have to file more paperwork if they move.

And then, once they make NFA taxes annual, they know where to come knocking if you don't pay them.
And then, once they flat out ban them as "assault weapons" (they already said no grandfather clause in their AWB 2.0 dream), they know what doors to kick in to collect them.

masfonos:
It's on the Federal Register now, scheduled to be published tomorrow 12/18.
Public Inspection page
Unpublished version for publication 12/18/2020
https://public-inspection.federalregister.gov/2020-27857.pdf

The 14 day comment period is insane. Published 12/18 means comments are due 1/1/2021. Those 14 days include 4 weekend days, Christmas Eve, Christmas Day, New Years Eve, and New Years Day. So 14 days is basically 6-7 days. For another "reinterpretation" to completely rewrite federal laws  that affect millions by some useless government bureau that has no lawmaking power.

This is 100% a test balloon for Biden's plans to make all ARs and AKs NFA.

They had no problem doing it with bumpstocks, calling them machineguns even though the law says they are not. They had no problem calling 80% receivers firearms even though the law says they are not. Now they will have no problem calling braced pistols SBRs even though the law says they are not. Then they will make AR/AK pistols into AOWs because they have a front handguard.  In the future they will have no problem making all AR15s NFA even though the law says they are not.

They are making up the rules and rewriting laws as they go whenever and however they want. The rule of law means nothing, and this is just the beginning. We're staring down the barrel of 8 years of president harris.

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