Rather than bury the reality of ATF Final Rule 2021R-08F in a ~500 post thread debating what the ATF can and cannot do, I'd like to start a thread discussing how to deal with this rule now that it has hit the ground. Yes, it blows. Yes, I think it violates the Constitution. But... please save the debate for the other thread. I'd like this one cover the assumption that one is going to take advantage of the grace period before it ends. Also I think worth highlighting the fast approaching 5/31 expiration date in a thread title.
Some points:
For MA residents who might have a braced fixed mag AR, that seems a bit murky to me but I assume one would end up with whatever the ATF considers the now registered NFA item but it is still a fixed mag pistol for MA?
Some points:
- Appears to be a tax exempt grace period for any of the subject pistol brace 'pistols' such as an AR. In other words, if one has a pistol brace AR with a <16" barrel the NFA 'tax stamp' is free, correct?
- Grace period is closing soon- May 31st.
- Alternately, the brace can be removed but must be done so in a way that it cannot be re-mounted (whatever that means).
- The other options are to re-barrel at 16" or more length, destroy the firearm, or turn it in.
- If you were transferring such a firearm or hocked one at a pawn shop, you better take care of business asap as the possessor options are:
- 8. As an FFL, a pistol with a stabilizing brace arrived at my licensed premises after January 31st when the final rule took effect. What options do I now have to comply with the final rule? • If at all possible, refuse delivery of the firearm or arrange return of the unopened delivery (via the delivering contract carrier), whereupon the original transferor must comply with the final rule. If the firearm was received and taken into inventory, the following options are provided:
- o Turn the firearm into your local ATF office.
- o Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov).
- 9. I am a pawnbroker and I have in pawned inventory a customer’s pistol with a stabilizing brace. What do I do? • As of January 31, 2023, current possessors of affected firearms will have five options to comply, which must be accomplished by May 31, 2023. The five options for compliance are:
- o Register the weapon,
- o Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached, 4
- o Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm,
- o Turn the firearm into your local ATF office, or o Destroy the firearm. There may be State laws which impact one or more of the provided options to comply with final rule 2021R-08F. Contact your State Attorney General’s Office (www.naag.org) for information on any such State restrictions. Once the final rule is effective, firearms that are now considered SBRs CANNOT be transferred (returned) in their current configuration unless they are properly registered.
For MA residents who might have a braced fixed mag AR, that seems a bit murky to me but I assume one would end up with whatever the ATF considers the now registered NFA item but it is still a fixed mag pistol for MA?