Author Topic: ATF Brace Pistol Webinar  (Read 559 times)

Offline JohnyMac

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ATF Brace Pistol Webinar
« on: February 01, 2023, 09:15:06 PM »
Today, I attended a webinar facilitated by the ATF on Brace pistols.

This Webinar was not an opportunity to debate about the new Brace Pistol rule but for manufacturers, retailers, and consumers to understand the new rule. At the end of the webinar their was an opportunity to ask questions.

Here are my observations and comments in no particular order.

> There were no images of the ATF agents however, based on 66-years of dealing with folks, my assessment was
    the facilitators were young. Maybe in the 35-40 year old range. Most agents wanted to answer questions to the
    best of their abilities, while others had a attitude.
 
> There are some set rules for what is called a brace pistol, however about 20% is objective by the agent. They
    stated this fact over & over again.

> This rule took affect at 0001E, hrs January 31, 2023. It affects the following,
    - All transfers as of this date and time are now classified as SBR transfers,
    - If you have your brace pistol in for repair or modification at a registered gunsmith, the gunsmith may not
      return the brace pistol to you without a SBR stamp,
    - The $200- Class III stamp fee is suspended if you register your brace pistol by May, 31,2023, at 0001E hrs.
    - If you apply for a SBR stamp, and you are approved, you may take off the brace and add any stock.
    - Bottom-line, if the investigating agent decides that you can shoulder the weapon, even if it meets all criteria
      you can be charged with a felony. It is arbitrary and it is up to you to fight any allegation in a court of law.

> I asked if you register your brace pistol with the ATF and the period takes up to a year, which is normal now to
   buy a class III accessory or firearm, is your firearm illegal and you are a felon. The response was,
   "Once you apply, you will be sent an email stating that you have registered your brace pistol. You will not be a
    felon after May 31, 2023 waiting for your approval/denial."

    I sent a follow-up question asking where in the ruling states that you will be sent an email while you are being
    investigated and during that time, post May 31, 2023, they did not answer that question to date. I have read
    the ruling and there is no said clause or caveat in the new rule. Of course, I will share that with you as soon as
    ATF has responded to my question.

> Any transfer of a brace pistol as of the ruling date & time, is now classified as a SBR transfer.

> If you are to remove your brace devise, and the brace is not stored with the pistol, you are in compliance of
   the new rule.

> Open or metal sights on a brace pistol are legal, while telescopic sights are not. Telescopic sights MAY constitutes
    a rifle.

> The Webinar was not recorded and available for public listening. My thought on that is so if a agent said the
    wrong thing, their comment could not be used in a court of law.

For the other folks that listened to the webinar, if I missed anything, please make comments on this thread.

 
« Last Edit: February 02, 2023, 09:30:00 AM by JohnyMac »
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Offline Jackalope

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Re: ATF Brace Pistol Webinar
« Reply #1 on: February 01, 2023, 11:51:04 PM »
  The comment regarding telescopic sights is interesting.  I wonder how red dots and ACOGs fit in, though they don't have any higher magnification power.  The entire ruling is too full of legal holes, though they can make someone's life miserable.  I wonder how it'll foll in 2nd Amendment sanctuary counties.  I wonder how and when someone will file an objection with the Supreme Court.  I wonder too much... :what:

 Thank you Johny, for keeping folks informed.

Offline JohnyMac

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Re: ATF Brace Pistol Webinar
« Reply #2 on: February 02, 2023, 09:02:40 AM »
A suit has been filed. Actually on Tuesday, once the rule was booked, three law suits were put forward. The best written one was filed in District 5, Associate Justice Samuel A. Alito, Jr. district of responsibility. Here is one of the suits. It is a good read.

This whole rule is more than trying to register Brace Pistols. If this rule goes forward it will prove to the Biden administration that more rule like this, not statutes passed by Congress, can go forward.

Holographic sights with no magnification are Ok, as many pistols use holographic sights today.

 :popcorn:
« Last Edit: February 02, 2023, 09:31:03 AM by JohnyMac »
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Offline JohnyMac

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Re: ATF Brace Pistol Webinar
« Reply #3 on: February 02, 2023, 09:57:03 AM »
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