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Old 01-25-2023, 12:27 PM   #1
Gunnyart
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Default Wait... Don't take the bait

The pistol brace rule hasn't hit the registry yet which will start the 120 day clock. Several lawsuits are being prepared that should stop it in it's tracks.
The "free" tax stamp is a fraught with loopholes and traps that aren't worth taking the chance.
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Old 01-25-2023, 01:59 PM   #2
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Also Just learned BATF has changed their policy on allowing anyone not listed as the registered owner possessing your NFA item.

Now letting someone even in your direct presence possess it i.e. let them "try it out" is a felony.
They take it a step further to include "constructive possession" i.e. you set it down on a bench between you, they could theoretically be considered "in possession".
And you as the registered person making it available could also be charged.
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Old 01-25-2023, 02:17 PM   #3
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And what about all the people that have SBR stamps already?
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Old 01-25-2023, 02:33 PM   #4
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And what about all the people that have SBR stamps already?
I haven’t seen anything that would affect those other than the possible 922 compliance issue on imports.

That’s a good question.
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Old 01-25-2023, 02:40 PM   #5
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Quote:
Originally Posted by Gunnyart View Post
Also Just learned BATF has changed their policy on allowing anyone not listed as the registered owner possessing your NFA item.

Now letting someone even in your direct presence possess it i.e. let them "try it out" is a felony.
They take it a step further to include "constructive possession" i.e. you set it down on a bench between you, they could theoretically be considered "in possession".
And you as the registered person making it available could also be charged.
where is that at?
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Old 01-25-2023, 03:12 PM   #6
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If “they” have not approved it within 80 (might be 88?) days, it becomes automatically DENIED, then you will be automatically a felon! Don’t believe me, read it for yourself. BTW, there is absolutely NO way “they” can process more than a handful within the deadline. I don’t have a dog in this hunt but I do support the 2A!


Micheal
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Old 01-25-2023, 04:56 PM   #7
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where is that at?
It's in their FAQ page in response to a question about allowing their buddy try out their NFA item.
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Old 01-25-2023, 05:07 PM   #8
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Originally Posted by Brazos Hunter View Post
If “they” have not approved it within 80 (might be 88?) days, it becomes automatically DENIED, then you will be automatically a felon! Don’t believe me, read it for yourself. BTW, there is absolutely NO way “they” can process more than a handful within the deadline. I don’t have a dog in this hunt but I do support the 2A!


Micheal
The background check is 88 days. Not that tax stamp. It very possible they can do background checks in 88 days.

That being said. The ATF thinks everyone who owns these is already a felon and they are giving grace.
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Old 01-25-2023, 05:08 PM   #9
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Quote:
Originally Posted by Gunnyart View Post
It's in their FAQ page in response to a question about allowing their buddy try out their NFA item.
just saw this.

https://discussions.texasbowhunter.c...d.php?t=863060
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Old 01-25-2023, 06:19 PM   #10
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Originally Posted by mmoses View Post
The background check is 88 days. Not that tax stamp. It very possible they can do background checks in 88 days.

That being said. The ATF thinks everyone who owns these is already a felon and they are giving grace.
So if you dont register then you are a felon. If you do register and give them all the info required and the background check does not get done in 88 days you are a felon. If you are a felon and you have other firearms then you are a felon in possession of firearms and they could conceivably confiscate those also even though you have not been convicted yet or if they wait for a conviction then they could or you will have to get rid of them. Its brings up lots of ifs and posibilities.
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Old 01-25-2023, 09:12 PM   #11
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I know, don’t trust the police and especially the alphabet squad

For informational purposes only….

The ATF has a law that says anything submitted to the ATF to comply with an NFA tax request/application cannot be used against a person in a criminal proceeding.

Carry on…
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Old 01-26-2023, 05:18 AM   #12
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Originally Posted by tvc184 View Post
I know, don’t trust the police and especially the alphabet squad

For informational purposes only….

The ATF has a law that says anything submitted to the ATF to comply with an NFA tax request/application cannot be used against a person in a criminal proceeding.

Carry on…
But but but the conspiracy theory could be wrong?!
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Old 01-26-2023, 05:23 AM   #13
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Quote:
Originally Posted by tvc184 View Post
I know, don’t trust the police and especially the alphabet squad

For informational purposes only….

The ATF has a law that says anything submitted to the ATF to comply with an NFA tax request/application cannot be used against a person in a criminal proceeding.

Carry on…
This banana republic has laws that the government has to follow?
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Old 01-26-2023, 06:38 AM   #14
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Originally Posted by brrdnk View Post
So if you dont register then you are a felon. If you do register and give them all the info required and the background check does not get done in 88 days you are a felon. If you are a felon and you have other firearms then you are a felon in possession of firearms and they could conceivably confiscate those also even though you have not been convicted yet or if they wait for a conviction then they could or you will have to get rid of them. Its brings up lots of ifs and posibilities.

This…you are essentially “telling” on yourself that you possess it and hoping they get your background check done in 88 days. Then if you are denied ATF has already made public comment that they will take enforcement action. I don’t have a dog in the fight but it’s a hot mess that does not favor the firearm owners. Hopefully someone can get it stopped before anything happens.


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Old 01-26-2023, 12:52 PM   #15
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Originally Posted by JLivi1224 View Post
This banana republic has laws that the government has to follow?
Yes.
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Old 01-27-2023, 12:01 PM   #16
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The BATFE recanted on constructive possession.
Name:  Share NFA item.PNG
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Old 01-29-2023, 07:12 AM   #17
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An estimated 10-40 million braces have been manufactured and distributed to Americans legally. This “rule” would make those that purchased them and are in possession of them legally, a felon without Congress ever enacting a law as the founding fathers intended. A federal agency should not be able to pass laws without the representatives that were elected BY THE PEOPLE being involved. PERIOD.
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Old 01-29-2023, 07:19 AM   #18
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If these changes are allowed to pass, it will (most likely) be the end of the 2nd as we know it. If they get an inch today they will take a mile next week. When the Government wants to take something "Gun Related" away from Law Abiding Citizens, It just means that they want to do something to "US" that will require something "Gun Related" to Stop....

Last edited by coker737; 01-29-2023 at 07:22 AM.
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Old 01-29-2023, 08:06 AM   #19
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Originally Posted by coker737 View Post
An estimated 10-40 million braces have been manufactured and distributed to Americans legally. This “rule” would make those that purchased them and are in possession of them legally, a felon without Congress ever enacting a law as the founding fathers intended. A federal agency should not be able to pass laws without the representatives that were elected BY THE PEOPLE being involved. PERIOD.
Congress did enact the law.

18 U.S. Code § 921 - Definitions

(a) As used in this chapter—

(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
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Old 01-29-2023, 08:32 AM   #20
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Quote:
Originally Posted by tvc184 View Post
Congress did enact the law.

18 U.S. Code § 921 - Definitions

(a) As used in this chapter—

(7) The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
I’m not seeing a Law……Just a Definition
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Old 01-29-2023, 09:30 AM   #21
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I’m not seeing a Law……Just a Definition
The definition is the law. If the federal government prosecutes a person for having a short barrel rifle, the question then becomes, what is a short barreled rifle. The United States Congress defined that, not atf.

Do you want me to look up the NFA law to show you that a short barrel rifle is a crime?

It is not a matter of agreeing with it or being unconstitutional. At this moment it is the current law and it was defined by the United States Congress.
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Old 01-29-2023, 10:38 AM   #22
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As I see it, the "Pistol Brace" was made to use as a brace to wrap around the arm while firing the pistol. I don't think it was meant to be shouldered but at some point, I think I remember hearing that the ATF said it was OK to shoulder the brace. Does anyone remember hearing this?
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Old 01-29-2023, 11:01 AM   #23
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Quote:
Originally Posted by Gunnyart View Post
Also Just learned BATF has changed their policy on allowing anyone not listed as the registered owner possessing your NFA item.

Now letting someone even in your direct presence possess it i.e. let them "try it out" is a felony.
They take it a step further to include "constructive possession" i.e. you set it down on a bench between you, they could theoretically be considered "in possession".
And you as the registered person making it available could also be charged.
So your saying I can’t let my 13yo shoot a pig in the blind with me? Using a suppressed rifle that is registered to me?
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Old 01-29-2023, 11:15 AM   #24
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Yall need to subscribe to Jared with Guns n Gadgets.
He stays on top of all the garbage coming from the atf, doj, gungrabbers, etc.
He also posts all of our wins.
https://youtu.be/nvmhzpMmDd4
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Old 01-29-2023, 11:21 AM   #25
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Someone with the atf posted to the q&a the lie and misinformation.
It has now been removed and the atf issued a statement regarding the lie.
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Old 01-29-2023, 11:49 AM   #26
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Tagged
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Old 01-30-2023, 09:30 AM   #27
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FYI, this is live and scheduled to be published tomorrow. Looks like the 120 day countdown starts tomorrow. I'd expect the lawsuits to go live in the morning.
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Old 01-30-2023, 10:02 AM   #28
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Quote:
Originally Posted by Clay C View Post
FYI, this is live and scheduled to be published tomorrow. Looks like the 120 day countdown starts tomorrow. I'd expect the lawsuits to go live in the morning.
More Lawsuits than you can Shake a Stick At…..
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Old 01-30-2023, 10:18 AM   #29
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Quote:
Originally Posted by canny View Post
This…you are essentially “telling” on yourself that you possess it and hoping they get your background check done in 88 days. Then if you are denied ATF has already made public comment that they will take enforcement action. I don’t have a dog in the fight but it’s a hot mess that does not favor the firearm owners. Hopefully someone can get it stopped before anything happens.


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Nailed It
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