New Brace Rule and Barrel Swaps

[Goju]

https://rumble.com/v27wz0s-update-atf-pistol-brace-ruling.html?__s=owq086fot46optt5upxo

Received this from an email from Silencer Shop yesterday. So I have this question for you all - if someone was considering getting a braced PCC, why not use the current rule to buy a 922(r) compliant pistol (no brace) form 1 it as if it were braced, and saving the cost of the stamp and engraving - and then being able to add a folding stock when (if) approved?

[Atomic Punk]

You had to own the braced pistol prior to the regulation being published in the Federal Register. As of 31 January, no one can legally sell you a braced pistol as ATF now considers them illegal SBRs

If you attach a brace to a pistol yourself after 31 January, they now say you built an illegal SBR.

[Winston_Smith]

You had to own the braced pistol prior to the regulation being published in the Federal Register. As of 31 January, no one can legally sell you a braced pistol as ATF now considers them illegal SBRs

If you attach a brace to a pistol yourself after 31 January, they now say you built an illegal SBR.

I'm not sure this answers the question.  If for example, one bought a Bren and a brace; didn't attach the brace, filed the Form 1 and received the tax stamp; then attached the brace.  Not sure what's wrong with that.  Anyone can apply to make an SBR at anytime.  As for 922r compliance, ATF seems to be making a distinction between "assemble" and "manufacture."  So, I no longer see that as n issue.  Someone else will have to explain why engraving is not required. 

[Goju]

 I understand you can not buy a braced pistol. The intent of my question is - why couldn’t I buy the unbraced pistol, Form 1 it in the 120 day forbearance period, saving the normal cost of the stamp and engraving? Not requiring the engraving is kind of a head scratcher……

[RSR]

I understand you can not buy a braced pistol. The intent of my question is - why couldn’t I buy the unbraced pistol, Form 1 it in the 120 day forbearance period, saving the normal cost of the stamp and engraving? Not requiring the engraving is kind of a head scratcher……

Read closely.  I'd think it'd have to be owned and configured or "assembled" no later than the day the rule is published.  Doing after the rule is published would appear to be a deliberate violation -- if BATF can track the serial in their unofficial registry, then it can open you up to legal liability...

I wasn't aware that the engraving requirement had been removed -- I figured you still had to do it after your Form 1 had been approved, but I haven't read closely...  This whole thing smells bad, and I don't think it'll be upheld by the courts, so I'd prefer not to have an NFA item if at all possible.

[Winston_Smith]

I understand you can not buy a braced pistol. The intent of my question is - why couldn’t I buy the unbraced pistol, Form 1 it in the 120 day forbearance period, saving the normal cost of the stamp and engraving? Not requiring the engraving is kind of a head scratcher……

Read closely.  I'd think it'd have to be owned and configured or "assembled" no later than the day the rule is published.  Doing after the rule is published would appear to be a deliberate violation -- if BATF can track the serial in their unofficial registry, then it can open you up to legal liability...

I wasn't aware that the engraving requirement had been removed -- I figured you still had to do it after your Form 1 had been approved, but I haven't read closely...  This whole thing smells bad, and I don't think it'll be upheld by the courts, so I'd prefer not to have an NFA item if at all possible.

But you can make an SBR at any time.  Are we simply talking about avoiding having to pay the tax stamp? 

[RSR]

Are we simply talking about avoiding having to pay the tax stamp?

Appears to be:

The intent of my question is - why couldn’t I buy the unbraced pistol, Form 1 it in the 120 day forbearance period, saving the normal cost of the stamp and engraving?

Which is why I suggested that buying a "pistol" now and converting it what the BATF now defines as an NFA "SBR", not a "braced pistol", might in fact be a criminal violation for which the "amnesty" may not apply and unnecessarily opens one up to criminal prosecution in order to save the $200 stamp...

[Goju]

Your point being that for this rule, doing the compliance paperwork is only allowing a previously braced pistol to remain a braced pistol. And if you wanted to change the brace for something else, you would need to go thru the SBR process again?  Even though most are referring to this compliance is for registering an SBR?
Appreciate your feedback.

[Winston_Smith]

Question 14 on the link I provided earlier says that the tax stamp amnesty only applies if you already owned the braced pistol prior to publication in the Federal Register.

[Atomic Punk]

Your point being that for this rule, doing the compliance paperwork is only allowing a previously braced pistol to remain a braced pistol. And if you wanted to change the brace for something else, you would need to go thru the SBR process again?  Even though most are referring to this compliance is for registering an SBR?
Appreciate your feedback.

If you file the Form 1, you are registering your braced pistol as an SBR. Once approved, you can put a stock on it.

[RSR]

Your point being that for this rule, doing the compliance paperwork is only allowing a previously braced pistol to remain a braced pistol. And if you wanted to change the brace for something else, you would need to go thru the SBR process again?  Even though most are referring to this compliance is for registering an SBR?
Appreciate your feedback.

If you file the Form 1, you are registering your braced pistol as an SBR. Once approved, you can put a stock on it.

Yes, the BATF is saying braces are now stocks.  Putting a stock on a pistol makes an illegal SBR, among other configurations that can do the same...