Modifying braced pistols.

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Perplexed

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You planning to do this during the 120 days "amnesty"? Or a legit SBR later?

I'm debating on doing this with an AR-9 or 300 Blackout upper. I just really don't want to though. If I do, I'll wait until the very last minute while I hope a judge smacks the ATF upside the head over this stupid rule change.

At present, there are four lawsuits regarding the arm brace rule, each taking slightly different approaches. Two were filed in Texas, where the Fifth Circuit has proven to be more pro-2A than other districts. There will be other lawsuits filed in the meantime, so it’s a pretty good bet a judge will slap the ATF with a temporary injunction to prevent their enforcement of this politically-motivated change of the rules. In the meantime, one or more of these cases will eventually work its way up to SCOTUS, where hopefully they’ll issue a ruling similar to the Cargill decision the Fifth Circuit handed down that bars the ATF from enforcing the bump stock ban in that District.
 

Perplexed

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The cheapest route is to take the free Form 1 SBR route. The other cheapest route is abject non-compliance, but that option does come with its own baggage.

The issue though is, the ATF cannot legally waive the $200 fee. That requires an act of Congress. Sure, that won’t stop the ATF from trying an end run around the Major Question Doctrine, but I expect they’ll be brought to task in court for that.
 

undeg01

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The issue though is, the ATF cannot legally waive the $200 fee. That requires an act of Congress. Sure, that won’t stop the ATF from trying an end run around the Major Question Doctrine, but I expect they’ll be brought to task in court for that.
Curious…. If what you say is accurate, that the ATF cannot legally waive the $200 fee, could that be part of their long game?

I.e. They waive the fee and issue their estimate of 800,000 SBR licenses only to come under a Congressional review at which time the ATF says, “Oops. Well, no one paid their fees so licenses are null and void, therefore these SBR’s must now be surrendered.”
 

Glocktogo

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The issue though is, the ATF cannot legally waive the $200 fee. That requires an act of Congress. Sure, that won’t stop the ATF from trying an end run around the Major Question Doctrine, but I expect they’ll be brought to task in court for that.
But they've done it before and it stuck. I'm referencing the Browning Arms Co. imported "G-Series" FAL's from 1959-1963.

https://www.forgottenweapons.com/the-diamond-of-collector-fals-the-g-series/
There's also the question of whether the U.S. Treasury still technically has two 30-day NFA amnesty registration periods open and on the books for use:

https://rkmerting.com/nfa-amnesty/
Unfortunately, BATFE has done what the federal government is infamous for, putting the cart before the horse. The publication of this rule in the Federal Register has crated FAR more questions than it answers. Questions which BATFE has attempted to answer but has failed miserably at. It simply wasn't ready for prime time.

I've heard every variant of this from easy free SBR stamp, to it's an intentional trap. This "trap" is far too convoluted and complex for BATFE to pull off. Hanlon's Razor definitely applies in this case.

Based on all the data I've gathered so far, I'm going to apply for two "free" Form 1 stamps, but I'm going to wait 3/4ths of the way into the 120-day period to register. That will allow them and the e-forms users to sort out the technical issues, as well as allow any court injunctions to be applied to this process on constitutional or procedural rules that may apply.

In either case, this also allows me a longer time frame in which to withdraw the Form 1's from the application process, should it become necessary. Since no fee will be paid, no fee will be forfeit. I'll just drop 16" uppers on them and move on. Since you don't have to provide any photos in these applications, no evidence of any crime will exist for BATFE to ponder.
 

Glocktogo

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Curious…. If what you say is accurate, that the ATF cannot legally waive the $200 fee, could that be part of their long game?

I.e. They waive the fee and issue their estimate of 800,000 SBR licenses only to come under a Congressional review at which time the ATF says, “Oops. Well, no one paid their fees so licenses are null and void, therefore these SBR’s must now be surrendered.”
The same options would still exist, which wouldn't require destruction or surrender.
 

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