Author Topic: New Brace Rule and Barrel Swaps  (Read 10210 times)

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Offline Winston_Smith

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New Brace Rule and Barrel Swaps
« on: January 16, 2023, 08:29:13 PM »
Does anyone anticipate that CZ will sell 16 inch barrels to swap out your shorter barrel in your Bren 2 pistol?  I know that CZ has talked about this but has never come through.  I communicated with Israel Weapon Industries today regarding my Galil and the service rep reported that it was doubtful they would do that.  Kind of disappointing when you think about it.

Offline GBUS

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New Brace Rule and Barrel Swaps
« Reply #1 on: January 16, 2023, 09:35:00 PM »
pin and weld a suppressor

« Last Edit: January 17, 2023, 09:51:13 AM by Wobbly, Reason: Mods reset photo width »

Offline armoredman

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Re: New Brace Rule and Barrel Swaps
« Reply #2 on: January 18, 2023, 08:48:55 PM »
Don't forget to change a BREN 2 pistol to a rifle, in addition to the longer barrel, I believe you also have to use the 922(r), kit. I will simply strip mine down to the way it came in and wait for the lawsuits to take hold.

Offline M1A4ME

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Re: New Brace Rule and Barrel Swaps
« Reply #3 on: January 19, 2023, 09:01:04 AM »
Video linked in the last VCDL (Virginia Citizens Defense League) news letter.

Five reasons not to hurry up and file for the "free" SBR stamp.  The person speaking is a lawyer.

I just keep wasting time and money on other brands trying to find/make one shoot like my P07 and P09.  What is wrong with me?

Offline RSR

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Re: New Brace Rule and Barrel Swaps
« Reply #4 on: January 22, 2023, 01:08:43 AM »
No, all foreign-made "pistols" that had braces installed are now contraband and must be surrendered or destructed per the BATF's brace rule...  Swapping the barrel makes zero difference at this juncture per them.


Offline Winston_Smith

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Re: New Brace Rule and Barrel Swaps
« Reply #5 on: January 22, 2023, 09:40:24 AM »
The solution here is to become 922r compliant.  Buy the compliance kit that CZ makes for the Bren.  For the Scorpion, replace the magazine, pistol grip, trigger and muzzle device.  Completely insane that one has to do this.  Which gun rights group is challenging the constitutionality of 922r?  Makes absolute zero sense.

Offline RSR

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Re: New Brace Rule and Barrel Swaps
« Reply #6 on: January 22, 2023, 06:22:32 PM »
The solution here is to become 922r compliant.  Buy the compliance kit that CZ makes for the Bren.  For the Scorpion, replace the magazine, pistol grip, trigger and muzzle device.  Completely insane that one has to do this.  Which gun rights group is challenging the constitutionality of 922r?  Makes absolute zero sense.

No, if you read the text on the screen at time stamp here, it says 922r can not become compliant retroactively since assembly has already occurred.  https://youtu.be/tK4gJeJ_CI4?t=56

So if you put a brace on a foreign made pistol before becoming 922r compliant then as far as the BATF is concerned that firearm is always and forever contraband and must be destroyed or surrendered.  Sort of like how you can never make a "rifle" into a "pistol", you can only SBR it...

Burden of proof would likely be on the government, but that's their position.

Offline Frozencpu

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Re: New Brace Rule and Barrel Swaps
« Reply #7 on: January 26, 2023, 02:18:25 PM »
The solution here is to become 922r compliant.  Buy the compliance kit that CZ makes for the Bren.  For the Scorpion, replace the magazine, pistol grip, trigger and muzzle device.  Completely insane that one has to do this.  Which gun rights group is challenging the constitutionality of 922r?  Makes absolute zero sense.

No, if you read the text on the screen at time stamp here, it says 922r can not become compliant retroactively since assembly has already occurred.  https://youtu.be/tK4gJeJ_CI4?t=56

So if you put a brace on a foreign made pistol before becoming 922r compliant then as far as the BATF is concerned that firearm is always and forever contraband and must be destroyed or surrendered.  Sort of like how you can never make a "rifle" into a "pistol", you can only SBR it...

Burden of proof would likely be on the government, but that's their position.

So then is the Scorpion still considered as pistol since its US made?

Offline Atomic Punk

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Re: New Brace Rule and Barrel Swaps
« Reply #8 on: January 26, 2023, 02:37:49 PM »
ATF Says Imported Braced-Guns Can be Registered, Rule to be Published Next Week

https://thereload.com/atf-says-imported-braced-guns-can-be-registered-rule-to-be-published-next-week/

Offline RSR

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Re: New Brace Rule and Barrel Swaps
« Reply #9 on: January 26, 2023, 04:39:18 PM »
ATF Says Imported Braced-Guns Can be Registered, Rule to be Published Next Week

https://thereload.com/atf-says-imported-braced-guns-can-be-registered-rule-to-be-published-next-week/

So if imported w/ brace, it's now kosher so long as not "assembled" by end user?

Note that BATF in the past has tended to define "assembly" broadly, as any modification of your firearm -- changed muzzle device, handguard, or potentially even used a magazine other than that it was imported with (since magazines are potentially three 922r parts), then you may not technically be eligible...

Burden of proof would be on the gov't, but this is still a mess.

Offline Winston_Smith

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Re: New Brace Rule and Barrel Swaps
« Reply #10 on: January 28, 2023, 10:51:16 AM »
ATF Says Imported Braced-Guns Can be Registered, Rule to be Published Next Week

https://thereload.com/atf-says-imported-braced-guns-can-be-registered-rule-to-be-published-next-week/

So if imported w/ brace, it's now kosher so long as not "assembled" by end user?

Note that BATF in the past has tended to define "assembly" broadly, as any modification of your firearm -- changed muzzle device, handguard, or potentially even used a magazine other than that it was imported with (since magazines are potentially three 922r parts), then you may not technically be eligible...

Burden of proof would be on the gov't, but this is still a mess.

It's a total mess.  So, if I were to swap the barrel on a pistol with more than ten foreign parts with a 16 inch barrel and thereby create a "rifle," I've violated 922r.  But if I put a brace on a pistol with more ten foreign parts and create an SBR, that's ok.

Offline RSR

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Re: New Brace Rule and Barrel Swaps
« Reply #11 on: January 28, 2023, 04:28:26 PM »
It's a total mess.  So, if I were to swap the barrel on a pistol with more than ten foreign parts with a 16 inch barrel and thereby create a "rifle," I've violated 922r.  But if I put a brace on a pistol with more ten foreign parts and create an SBR, that's ok.

I think both are verboten per the BATF b/c an SBR still has to comply with all "rifle" requirements including 922r.

This is from 2017, and not aware of any changes in the interim -- but then I personally have avoided NFA items to-date, excepting the forthcoming pistol/pistol brace/SBR proposed rule, so haven't followed too closely:
https://johnpierceesq.com/does-922r-apply-when-building-an-sbr-from-an-imported-pistol/

Quote
It seems clear both from statutory interpretation and from the trend in ATF guidance that 922(r) does apply to the making of an SBR from an imported pistol.  And while there has not historically been a push to prosecute those whose SBRs violate 922(r), I must advise my clients to insure that their builds are 922(r) compliant.

More at above link including copies of relevant BATF letters.

Offline Winston_Smith

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Re: New Brace Rule and Barrel Swaps
« Reply #12 on: January 29, 2023, 02:26:26 PM »
It's a total mess.  So, if I were to swap the barrel on a pistol with more than ten foreign parts with a 16 inch barrel and thereby create a "rifle," I've violated 922r.  But if I put a brace on a pistol with more ten foreign parts and create an SBR, that's ok.

I think both are verboten per the BATF b/c an SBR still has to comply with all "rifle" requirements including 922r.

This is from 2017, and not aware of any changes in the interim -- but then I personally have avoided NFA items to-date, excepting the forthcoming pistol/pistol brace/SBR proposed rule, so haven't followed too closely:
https://johnpierceesq.com/does-922r-apply-when-building-an-sbr-from-an-imported-pistol/

Quote
It seems clear both from statutory interpretation and from the trend in ATF guidance that 922(r) does apply to the making of an SBR from an imported pistol.  And while there has not historically been a push to prosecute those whose SBRs violate 922(r), I must advise my clients to insure that their builds are 922(r) compliant.

More at above link including copies of relevant BATF letters.

I think we will have to look at ATF's Q&A on this.  As set forth above, it looks like ATF might be doing an about-face on this issue. I think they might have to otherwise they have to explain why they are essentially ordering the destruction of hundreds of thousands, if not millions, of firearms.

Offline RSR

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Re: New Brace Rule and Barrel Swaps
« Reply #13 on: January 29, 2023, 09:56:13 PM »
I think we will have to look at ATF's Q&A on this.  As set forth above, it looks like ATF might be doing an about-face on this issue. I think they might have to otherwise they have to explain why they are essentially ordering the destruction of hundreds of thousands, if not millions, of firearms.

I think they already addressed it -- if you "assemble" w/o 922r, you're non-compliant and your "pistol" now "SBR" is verboten.  If you yourself did not "assemble" it into its verboten configuration then your pistol now SBR can be made compliant...
« Last Edit: January 30, 2023, 06:44:07 AM by Wobbly »

Offline Winston_Smith

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Re: New Brace Rule and Barrel Swaps
« Reply #14 on: February 01, 2023, 06:43:48 AM »
So, according to ATF, swapping the barrel will fix the problem.  So, CZ, will you start making these available?

https://www.atf.gov/rules-and-regulations/docs/undefined/faqfinalrule2021r-08f-correctedpdf/download

 

anything