AR pistol VS SBR questions

[desertjosh]

I apologize in advance for not keeping up with the latest gun news. Are pistol braces going to be illegal soon? Should I start the SBR process? Would a rifle lower qualify for a SBR? I also have an 80% lower, but I'd rather use the rifle one. I wasn't sure where to post these questions so mods move if needed. Thanks!

[bender152]

1. The final ATF ruling on pistol braces is expected in December 2022.
Since the ruling hasn't come down yet, nothing is certain.

2. Without getting into all the details, it is expected that pistol braces will be a no-go after their ruling.

3. Supposedly, the ATF will have an amnesty period that will allow you to register braced-pistols as SBRs and you will not have to pay the $200 tax stamp. (Again supposedly, you will have to take pics of your pistol with a brace on it and submit it to the ATF.)

If the above is true, owners are divided on whether or not they will register their pistol during this amnesty period. Some people don't want to provide proof that their pistol was in a configuration that the ATF deemed "illegal".

4. If there is indeed an amnesty period, expect a ton of SBR applications to flood in at that time. People will take advantage of the free tax stamp and register multiple guns.

Current Form 1 (SBR) wait times are somewhere around 80 days. A flood of applications will make that number balloon up instantly. A one-year wait time wouldn't be outrageous to me. (The eForm 4 applications started off with 90 day approvals at the beginning of this year. The current average is now 225 days.)

5. You can SBR a pistol or rifle lower.


Should you submit your SBR application now?

This is just my opinion, but I say "yes". If paying for the $200 tax stamp isn't going to significantly impact you, then it's worth it just to avoid the extended wait times that are sure to come if/when the amnesty period goes live.

Or you can wait and see if the ruling gets challenged. But again, even if the challenge is successful, it may take a while for the case to get heard.

[nikonmike5]

[sigstroker]

To get free registration it has to be a pistol. If you haven ordinary AR-15 or SCAR or whatever, that's a rifle, you don't get in for free. It's only for people with a braced pistol that got screwed over. I think I read that somewhere in the AFT crap they had online.

I'm hoping somewhere a court says they can't do this, but I'm not filled with optimism. What's just and right doesn't seem to count for anything any more.

[Mac Attack]

I agree with what everybody else has said. If you can afford it now I would submit your form 1. There is no guarantee that the ATF will grant amnesty or that they would give out a free $200 stamp to all that applied. But if they did, how many millions of people would jump on the bandwagon and register as many receivers as they could just because it was free..Millions I suppose. How long do you think it would take for the people at 244 Needy Rd, Martinsburg, WV to process those millions of applications? In 2020 it used to take less than 2 weeks to get an approval, this year it took me 61 days. I can imagine after the open it up, we are talking years for approval!

If you want to SBR an AR I would submit at least 1 receiver now so that you at least can swap it around to your different uppers. Then submit the rest if there is an amnesty with free stamp. I for one will submit everything I have from a .22 up to bigbores.

[Nvberinger]

But if they did, how many millions of people would jump on the bandwagon and register as many receivers as they could just because it was free..Millions I suppose.

If we had 5, 7, or 10 million, that could create a "common use" argument which could void the NFA act as unconstitutional.

[beanz2]

I apologize in advance for not keeping up with the latest gun news. Are pistol braces going to be illegal soon? Should I start the SBR process? Would a rifle lower qualify for a SBR? I also have an 80% lower, but I'd rather use the rifle one. I wasn't sure where to post these questions so mods move if needed. Thanks!

[desertjosh]

All my AR lowers are either unmarked 80% or rifle lowers. I also do not own a pistol brace yet. I was looking to buy one to change out my pistol buffer tube and stumbled across the ATF news. I'm really leaning towards the tax stamp route. And maybe buying a cheap brace instead of the $100 one I was going to buy JIC the tax stamp fee is waived after their decision. Thoughts?

[ACfixer]

My AR pistol has a brace... I should probably take "advantage" of this, once it's an SBR then, well then the "brace could be changed to a stock right?

[desertjosh]

My AR pistol has a brace... I should probably take "advantage" of this, once it's an SBR then, well then the "brace could be changed to a stock right?

Yep

[beanz2]

All my AR lowers are either unmarked 80% or rifle lowers. I also do not own a pistol brace yet. I was looking to buy one to change out my pistol buffer tube and stumbled across the ATF news. I'm really leaning towards the tax stamp route. And maybe buying a cheap brace instead of the $100 one I was going to buy JIC the tax stamp fee is waived after their decision. Thoughts?

If I were to just have one brace, I'd get a nice one, just in case the pistol brace regulation scheme falls on its face. If a court issues an injunction to block it at least you have a nice brace to use, not an el cheapo that you hate to use.

In case the regulation goes through and remains enforced/enforceable, the brace will serve just fine on your registered SBR too. Just be ready for know-it-alls to threaten to call the ATF on you at the range LOL

[sigstroker]

All my AR lowers are either unmarked 80% or rifle lowers. I also do not own a pistol brace yet. I was looking to buy one to change out my pistol buffer tube and stumbled across the ATF news. I'm really leaning towards the tax stamp route. And maybe buying a cheap brace instead of the $100 one I was going to buy JIC the tax stamp fee is waived after their decision. Thoughts?

To be clear the tax is only "waived" if you haven't paid it yet. If you reg it before they "waive" it, your 200 bucks is spent, you won't get it back.

[desertjosh]

To be clear the tax is only "waived" if you haven't paid it yet. If you reg it before they "waive" it, your 200 bucks is spent, you won't get it back.

Sure, but you can register more than 1 SBR right?

[beanz2]

To be clear the tax is only "waived" if you haven't paid it yet. If you reg it before they "waive" it, your 200 bucks is spent, you won't get it back.

Ack tually... you can get your money back if you never built the gun into an SBR.

Cancellation of Approved Application. An approved application may be cancelled only if the firearm had not been made or modified. The maker must return the approved application with original tax stamp affixed with a written request for cancellation, citing the need and that the making of the firearm did not take place. The NFA Branch will arrange for a refund of any tax paid.

[sigstroker]

Well, I'll be. That's one way to go then. Get the approval as soon as you can. Then there will be no long wait if AFT doesn't make the new rule, but it would only be a couple months later. If they make the new rule, you would have to cancel the Form, get a refund, then immediately re-apply for free and hope they don't notice you just canceled the earlier Form.