Selling AR-15 pistols with a stabilizing brace

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Gypsy

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I just thought of something regarding this whole stupid concept of “constructive possession.” Leaving aside the notion that the ATF is now regulating perceived intent, what happens if you swap out the braced pistol’s barrel for a barrel that is at least 16” long - do they still have a hissy fit over you having a less than 16” barrel lying around?
It's worse than that. That barrel has marks from installation. You could destroy the barrel but there needs to be proof you did so within the 120 day limit, or p&w it and post pics within that timeframe to avoid the bs. It seems this way, I am not a lawyer.
 
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TedKennedy

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I just thought of something regarding this whole stupid concept of “constructive possession.” Leaving aside the notion that the ATF is now regulating perceived intent, what happens if you swap out the braced pistol’s barrel for a barrel that is at least 16” long - do they still have a hissy fit over you having a less than 16” barrel lying around?
To an ATF agent, that is simply a steel sex toy. They'll likely use it on each other after they arrest you.
 

sh00ter

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They WANT you to not have an upper. (Or just follow the new rules and register the SBR (or just follow the new-new rules and register.....to get the free yellow star (or just follow the new-new-new rules and get on the train)))
Sorry, I may have drifted....
Not personal.

Joe
Oh I know they actually don't want you to have anything more than the Canadians have...I just don't want any of our guys scooped up for something they could have avoided while this is being litigated. So I while respect any dissenters for taking a stand, I still think for it to actually work, the dissent needs to come from the top down...However, I'm quite sure there are plenty of folks who took a gamble and kept their bump stocks.
 
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O4L

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From ATF final rule 2021R-08F, Section V, subsection B, "Options for Affected Persons", 2nd paragraph:

"To transfer an affected firearm to another individual after the date this rule is published [Jan 31, 2023], it must be registered in the NFRTR, and the individual must submit and receive approval on an Application for Tax Paid Transfer and Registration of Firearm, ATF Form 4; otherwise, the transfer is a violation of the NFA (see 26 U.S.C. 5861 (e)."

The NFRTR is the National Firearms Registration and Transfer Record. To date, more than 641,000 SBRs are registered in the NFRTR.
Thanks for posting something from the final rule. That's what I've been asking for here so it doesn't look like one's interpretation or opinion.

Is the date in brackets actually the way it is in the document? I seem to remember reading it as referring to May 31, 2023.

I'll have to look at it again on a desktop. It's too difficult to read on my phone.
 

mightymouse

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Thanks for posting something from the final rule. That's what I've been asking for here so it doesn't look like one's interpretation or opinion.

Is the date in brackets actually the way it is in the document? I seem to remember reading it as referring to May 31, 2023.

I'll have to look at it again on a desktop. It's too difficult to read on my phone.
The date in brackets is the date of publication in the Federal Register, and, yes, I added that. May 31, 2023 is the expiration date of the 120 day grace period.
 

O4L

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Some online retailers are removing braces and then posting the pistols for the same price, no discount for the now missing brace, and then posting the braces for sale separately.

They should at least knock off a few bucks on the firearm after removing the brace.
 

08H3

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Don’t think it can get more clear. But it's vague and difficult to understand.
Yes but no at the same time. As of right now the option to take the brace (stock) off and presto it’s a pistol and you can do whatever with it. It only becomes a problem to sell once paperwork it approved on it then it is registered and must go on a form 4 if sold.

My logic for saying so is that you were given the option of brace removal to make it legal to begin with and as long as you haven’t acted on the ATF’s “request” to register the affected item then it’s still able to be made legal and sold as a pistol
 

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