Looks like the ATF is planning to reclassify AR and AK pistols INCLUDING ones WITHOUT a brace as an AOw under the NFA
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ATF at it again, this time AR and AK pistols as AOW
- Thread starter Edwardteach72
- Start date
Briwesk85
.40 S&W
Wtf! I just got an AR pistol on my permit...
what will that mean for me?
what will that mean for me?
Blimey
.450/400 Nitro Ex
I knew this would happen. The braces were a laugh really; these are essentially SBRs and we all know it. I’d love to have an sbr but classifying these as such is consistent with other definitions of them.
libertysnake
.338 Win Mag
I don't personally own one of these, but what is the most likely course of action? They give people a grace period to comply?
Will probably not survive an ex-post-facto court challenge.
Briwesk85
.40 S&W
I’m guessing we would need to get a tax stamp for it, so I guess I could then change the brace to a stock, but I don’t think NY allows SBR..
so I guess I’ll just go boating with it
libertysnake
.338 Win Mag
Wouldn't the normal course of action be to just remove the upper and lower, and sell or at least temp give it to an FFL? That way you only own a lower, and can reclaim the upper when this shit passes. Probably the 100% safest option.
See if your FFL will buy the upper from you and let you buy it back later when we have more info, I guess? I'd check with them if that seems "OK" to do here.
Briwesk85
.40 S&W
hmm. I could just remove the upper and put on a 16 inch upper and be done with it, but I guessI’d have to get it removed from my permit. The upper I can just keep when it blows over, since no laws states you can’t own an upper.
libertysnake
.338 Win Mag
True, but in order to avoid bullshit, it doesn't hurt to have the upper be not in your possession. It's bullshit you have to do that, but it's the safest option. Can't swap it out if you're not the owner, so there's no confusion as to intent.
gun_slinger_boy
.338 Win Mag
As someone with actual sbrs this is ridiculous.
BDinPutnam
.475 A&M Magnum
Ex post facto has nothing to do with it. But I generally agree it wouldn't hold up I dont think. But who's going to sue, NRA?
EtA: Would be an interesting conundrum as I think about it.
New York state has given it the official imprimatur of "pistol" or they wouldnt put it on a permit...
Sorry everyone I had to make a correction..
They are trying to reclassify as an AOW not an SBR
They are trying to reclassify as an AOW not an SBR
How so? They declared they were not SBR and they were legal pistols. They reclassify to something not legal to own without a tax stamp. That would be Ex post facto would it not?Ex post facto has nothing to do with it. But I generally agree it wouldn't hold up I dont think. But who's going to sue, NRA?
EtA: Would be an interesting conundrum as I think about it.
New York state has given it the official imprimatur of "pistol" or they wouldnt put it on a permit...
Bump stocks are now machine guns. Even if you owned one before they were machine guns
Really broadens the term "short" if a 16" barrel is now considered an SBR.
spat
.700 Nitro Express
Just solder on a sufficiently long thread protector.
spat
.700 Nitro Express
Not ex post facto.
But it would be absolute proof that the statute does not give gun owners sufficient notice about what it prohibits.
If the ATF changes it's mind about what is allowed, then obviously the law wasn’t clear about what it prohibited.
That makes the whole SBR statute invalid.
C3D
.308 Win
It will most likely survive the challenges. This type of thing has happened before with the USAS-12 and Streetsweeper. They were retroactively classified as Destructive Devices. There was a grace period with free registration, then they became illegal if not registered. Also happened with the Akins Accelerator, retroactively classified as an illegal machinegun.
Acer-m14
20×102mm Vulcan
what timing .. anyone else see of this ??
OCT 24th 2020
" President Trump has signed an executive order that removes civil-service protections from certain positions within federal government agencies. There has been much whining and gnashing of teeth, but voters should be thrilled. Making policymakers in the Deep State “at-will” employees, who are easier to dismiss if they attempt to obstruct the duly elected president’s agenda, is a good thing. Not being bound to hire according to a career-progression ladder will also allow agencies to bring in new people with new ideas. This will be true whether or not Donald Trump is president. "
OCT 24th 2020
" President Trump has signed an executive order that removes civil-service protections from certain positions within federal government agencies. There has been much whining and gnashing of teeth, but voters should be thrilled. Making policymakers in the Deep State “at-will” employees, who are easier to dismiss if they attempt to obstruct the duly elected president’s agenda, is a good thing. Not being bound to hire according to a career-progression ladder will also allow agencies to bring in new people with new ideas. This will be true whether or not Donald Trump is president. "
Acer-m14
20×102mm Vulcan
DrBleachCocktail
.44 mag
I have a few AR pistols out of state that I built from a virgin lower. WTF!!!
Ben Diss
9mm
As you think about what you want to do with your forearm braces, please take the time to understand what the ATF considers to be constructive possession.
blog.princelaw.com
Florida Man Arrested for Constructive Possession of an SBR
I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrest…
blog.princelaw.com
Wondering how long it's going to take the state police to contact me and try to confiscate mine.
I wonder if this sticks, would a fixed mag pistol still be considered an aow? Technically they can't try to push them as being an sbr because they were built as "pistols"
I wonder if this sticks, would a fixed mag pistol still be considered an aow? Technically they can't try to push them as being an sbr because they were built as "pistols"
DrBleachCocktail
.44 mag
I keep the upper with me since it’s not a firearm under the ATF and the lower is out of state. WTF!As you think about what you want to do with your forearm braces, please take the time to understand what the ATF considers to be constructive possession.
Florida Man Arrested for Constructive Possession of an SBR
I have recently blogged about the issue of constructive possession of NFA firearms in my article NFA and Constructive Possession: Myth or Reality?. On August 27, 2009, Jesus Amador, Jr., was arrest…
If the ATF decides that AR and AK pistols are now AOW than yes fixed mags would be as well..
BDinPutnam
.475 A&M Magnum
Next up: "others."
Thanks for the education. if they demanded the tax for something that was previously legal I suppose it may have run into the expostfacto realm.
Yeah that was a travesty of justice right there. And the gun industry/ lot of “2A supporters” played a role giving up this sacrificial lamb.
Uzi
.308 Win
It's okay, Donald Trump is pro second amendment guys, he won't let this happen or anything like it. 
Dr. Evil
20×102mm Vulcan
Wait, what? Buying one today.
