People who applied for a tax exempt SBR Form 1 have been receiving them back approved.
The first people to apply have been running about 32 days from the E-Form submission to getting the approved Form 1 back.
Richard
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People who applied for a tax exempt SBR Form 1 have been receiving them back approved.
The first people to apply have been running about 32 days from the E-Form submission to getting the approved Form 1 back.
Richard
But still legal to possess after submission while you wait on Form 1 approval.
What?s the easiest way to do fingerprints? Was contemplating using SilencerShop
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Order the fingerprint cards for free from the ATF and get an ink pad from Office Depot and roll them yourself.Quote:
Originally Posted by Gunner
Alternatively, pay $65 to Printscan and get .eft files from your nearby UPS store.
A strong will and a sharp knife.Quote:
Originally Posted by Gunner
What is the AFT asking for? Are they requesting photos of the weapons?Quote:
Originally Posted by APEXgunparts
Or just a Normal form 1?
Photo of the mfg's markings on the receiver. Pistol brace --> SBR Form 1 is a different page if you are e-filing.Quote:
Originally Posted by DDT951
The SilencerShop Kiosk has a scanner where you can scan/make your fingerprints and then they have them if file through SilencerShop. It will tell you if your scan is ok and if it isn't you can keep doing it until you get a set of good prints. It does one at at time so you don't have to do the whole thing over.Quote:
Originally Posted by Gunner
The Silencer Shop web site has a map of FFLs that have one of there Kiosks'.
I believe SS charges a $50 fee to file through them unless you are making a purchase.Quote:
Originally Posted by SAnd
I (think) the use of a kiosk for recording prints carries a small charge from the FFL if you're not buying, or maybe it's just having them print the cards that they charge for. I'm going to do this (long overdue) kiosk printscan thing Monday at iron Horse (closest) so I'll find out. I've had a form1 sitting in draft so long, I have to redo the RPQ docs.
If you go to the main page, they popup a warning and redirect to the page for a 'free" stamp. Once submitted, it will show up on the main site.Quote:
Originally Posted by kidicarus13
I see the rules says you must also show proof that it was acquired before Jan 23 if you want a freebie. My one and only pistol was acquired a very long time ago and acquired by/assigned to the trust when purchased.Quote:
Originally Posted by kidicarus13
I assume if I were to go buy the GHM9 I've been eye f'kng, I could still get it with the brace and just pay to SBR it? Or are dealers no longer allowed to sell them. They're still showing that model on all the sites.
I've not seen that anyplace.Quote:
Originally Posted by brutal
I should have clarified that for a TRUSTQuote:
Originally Posted by kidicarus13
freetax exempt stamp... requires prior possession by the trust.
The way I read it is, unless you want to register and then form4 from yourself to your trust, the trust has to have posessed the item prior to Jan 2023.
"Q. Can I register my firearm equipped with a “stabilizing brace” that is a short-barreled rifle pursuant to ATF Final Rule 2021R-08F to my trust?
A trust may not register a firearm equipped with a 'stabilizing brace' that is a short-barreled rifle pursuant to ATF Final Rule 2021R-08F unless the trust can establish through documentary evidence that the trust possessed the firearm before January 31, 2023.
Under the final rule, the Attorney General has authorized a tax forbearance that allows current possessors of firearms equipped with a 'stabilizing brace' that meet the definition of 'rifle' and have a barrel or barrels less than 16 inches to register the firearms tax-free. A current possessor is a person who possessed the firearm with an attached 'stabilizing brace' prior to January 31, 2023.
Accordingly, any trust that seeks to register a firearm with an attached 'stabilizing brace' that is a short-barreled rifle pursuant to Final Rule 2021R-08F must include with the eForm 1 application evidence that establishes the trust is the current possessor of the firearm and possessed it before January 31, 2023. This evidence will generally include the signed, dated, and notarized terms of the trust or trust schedules that list or provide a description of the property held in trust. Accordingly, for trust applicants, ATF will perform a thorough review of the trust documents provided with the eForm 1 application to ensure the firearm sought to be registered to the trust was property possessed by the trust before January 31, 2023. Therefore, an eForm 1 application to register a firearm equipped with a 'stabilizing brace' to a trust will be disapproved if the applicant fails to demonstrate the trust possessed the firearm before January 31, 2023."
My pistol lower has been listed on my Schedule since 2014 and submitted along with all the form1/form4 approved since. I also have a signed and dated firearm use certification when the lower was purchased by the trust (not individual).
They are not asking for pictures of the complete pistol? So essentially a close up of the markings for the original manufacturer?Quote:
Originally Posted by kidicarus13
Correct. That is what some who have already been approved have reported.Quote:
Originally Posted by DDT951
<2 months to submit if that is your chosen path.
I have a some decisions to make. I'm too invested in my pistol lower between parts, multiple uppers, and a suppressor that I will be allowed to take home one day. Otherwise I'd just get a 16 inch upper and move on with my life. Before this I never intended on doing and SBR. I'm doing my homework so I'm ready to submit in the middle of May if that's the direction I end up going. Please pardon my ignorance. I'm genuinely asking questions about a confusing system. I hope that this will answer my questions and help others as the deadline gets closer.
Speaking of multiple uppers I see the "Line Item" portion of the process and it asks for a barrel and OAL. Will this limit me to one upper or is this left blank since I'm submitting a lower?
Are there any advantages to getting a new lower over doing a Form 1 for my only pistol lower? Maybe process a rifle I already have?
Am I understanding this right that I can E-File with a photo of a small portion of the lower and fingerprints? I'm already in the system after the suppressor purchase.
Is it worth trying to get my fingerprints from my Form 4 (done at Damage Factory), find a Silencer Shop kiosk and just paying the fee, or is there an easier option I'm unaware of?
I am not an attorney, and this is not legal advice:Quote:
Originally Posted by Fromk
You are applying to complete an SBR, so what is the overall length of your SBR? You can swap a different upper after your original approval and then notify the ATF of the new configuration, and you'll be fine.
Technically, you can't use a new lower (one that you do not currently possess). This process is for a braced pistol(s) in your possession as of 01/31/23.
Yes, you can e-file with just a close-up picture of the manufacturer's markings on the receiver.
Buy an ink pad and fingerprint cards from Amazon, watch a YouTube video on how to fingerprint yourself, and print yourself to save some money versus the SS kiosk.
You submit with the upper you build it with (I use a 7.5" upper). With the upper, I specify 26" OAL. I have done this for every form1 SBR and never had any issue. My one and only pistol will be submitted (soon) the same way. You can change the caliber or upper length at will once you have your stamp, you just have to be able to return it to the approved config if you sell/transfer.Quote:
Originally Posted by Fromk
The tax-exempt brace to SBR form1 is a special submission that is offered during the 120 day period Feb-May and only for braced pistols acquired before 1/31/2023 and you must show proof of possession prior. If you buy a pistol lower after 1/31/2023 you'll submit a regular form1 to SBR and pay the $200 tax. If you form1 SBR a rifle, $200 tax.Quote:
Originally Posted by Fromk
There is a 24 month exemption option if you're filing on a trust for the trust paperwork/RPQ. You still need to provide all the other docs - ownership proof, picture of lower rollmark model/serail/caliber.Quote:
Originally Posted by Fromk
You can send prints to SS and they'll scan them in. Problem with using SS is they won't share your fingerprint EFT (file) and charge a $50 fee to submit through their system. If damage factory used an electronic scanner, they may be able to print you another set of cards, best to ask them. Tim @ Dangerlee always did it for me if they were not more than 2 years old. If more NFA is in your future, make an appointment at one of the printscan places and pay for the prints and EFT file on a USB, $65 total.Quote:
Originally Posted by Fromk
Thanks to both of you. Those were extremely helpful replies and I think I'm good to go. Can't say I'm terribly excited but that's a whole other thing.
There is no such thing as a free stamp.
trueQuote:
Originally Posted by Hoser
Still $200 less than a standard Form 1.Quote:
Originally Posted by Hoser
Maybe.Quote:
Originally Posted by kidicarus13
I would rather do a form 1, pay the $200 and not have to worry about someone changing their minds like they have done in the past.
Who knows what the courts or ATF will decide or when. If the less-than-$200 route doesn't work, Plan B may be the $200 route. Or maybe just return the SBR to a braced pistol. Voluntarily giving the ATF $200 x SBRs does not feel like the noble option for me at this time, but your your mileage may vary.Quote:
Originally Posted by Hoser
LikeQuote:
Originally Posted by kidicarus13
I'm pretty clueless on the ATF rules, but I didn't think it was legal to convert a rifle into a pistol, so not sure you can return the sbr back to pistol.Quote:
Originally Posted by kidicarus13
It was never converted, I only applied to convert it but never did, so there is no rifle to pistol issue. See how that works?Quote:
Originally Posted by DenverGP
If it started as a pistol, it can go back to being a pistol if so configured.
That too [emoji16]Quote:
Originally Posted by The Rat
https://thereload.com/federal-judge-...%20this%20year.Quote:
Federal Judge Blocks Nationwide Enforcement of Pistol-Brace Ban
https://thefederalist.com/2023/11/09...-brace-owners/
Yippie ki yay
https://i.postimg.cc/6qbHb4HK/38-D6-...948-B231-F.jpg
https://youtu.be/3WoUUVvSLBE?si=aA1qt6HfreEnjz7p
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Where did I bury my braces again……
Source: https://www.80percentarms.com/ATF-RULE-FAQ/Quote:
November 9th, 2023: The Fifth Circuit overturned the ATF's "frame or receiver" rule in the VanDerStok v. Garland case, criticizing the ATF for overstepping its regulatory authority by effectively rewriting the law. The court utilized a creative cake analogy to clarify its point on gun regulation. Drawing parallels to the recent internet craze where cakes are designed to mimic other foods, the court compared the legal status of actual gun frames and receivers with items that simply look similar. The analogy served to demonstrate the ATF's flawed approach, which applies regulations to genuine frames and receivers but fails to consider items that merely resemble them, indicating that appearances should not be the primary factor in regulatory decisions.
Judge Oldham writes an opinion supplementing the majority's findings in order to explore additional problems with the Final Rule, where he says it "doesn’t stop regulating the metal or plastic until it's melted back down to ooze." Judge Kurt Engelhardt, representing the court's stance, also stated, "The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy." He further clarified that the expansion of firearm regulation and the criminalization of actions that were previously legal are not sanctioned by Congress, rendering the proposed rule an unlawful agency action that goes against legislative intent.
The court firmly concludes that until Congress modifies the Gun Control Act, the ATF must adhere to the existing statutory limits. The Final Rule, according to the court, crosses those boundaries, resulting in the ATF essentially rewriting the law, a move that is not permissible, particularly when it leads to the broad imposition of criminal liability without legislative input.
However, it's important to note that despite the court's ruling, the "frame or receiver" rule remains active due to a stay by the Supreme Court from August 8th. The Supreme Court's intervention means that the rule will stay in effect until the legal proceedings are concluded.
Mock v. Garland. As of 06/13/24, pistol braces are now legal again.Attachment 96755
Now everyone is going to have to remove their stocks and put the braces back on.Quote:
Originally Posted by kidicarus13
And some people got SBRs with free tax stamps. All the youtube conspiracies surrounding that just flew out the window. It's inarguably just free SBRs now.
Anyone can argue about NFA registration (valid), of course. But this paid off for those that wanted SBR's, I suppose.
I got a free SBR and I'm not ashamed. I was already in the NFA system with a suppressor and have a CCW so the gov can already surmise that I had two guns. Can't make the argument that I just put a target on my back.
Also, that's a super confusing sentence just to say that braces are allowed again.
Back On? never removed them, nor have i seen anyone else in AZ eitherQuote:
Originally Posted by SouthPaw