DOJ release pistol stabilizing brace rules

[brutal]

But still legal to possess after submission while you wait on Form 1 approval.

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.

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.

[kidicarus13]

I see the rules says you must also show proof that it was acquired before Jan 23 if you want a freebie.

I've not seen that anyplace.

[brutal]

I've not seen that anyplace.

I should have clarified that for a TRUST free tax 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).

[DDT951]

Photo of the mfg's markings on the receiver. Pistol brace --> SBR Form 1 is a different page if you are e-filing.

They are not asking for pictures of the complete pistol? So essentially a close up of the markings for the original manufacturer?

[kidicarus13]

They are not asking for pictures of the complete pistol? So essentially a close up of the markings for the original manufacturer?

Correct. That is what some who have already been approved have reported.

<2 months to submit if that is your chosen path.

[Fromk]

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?

[kidicarus13]

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:

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.

[brutal]

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?

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.

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?

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.

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.

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.

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?

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.

[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.

[Hoser]

There is no such thing as a free stamp.