With the new ATF attack on us. Is it still possible to have my 300 blk that was once a pistol because of the brace. Carried in the car for protection like it was now that they declared it an SBR?
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Please continue to research for your firearm and any ruling that maybe written by the government or ATF. Please continue to ask questions for guidance from Tom Grieve, ATTORNEY, USCCA. Mr. Tom is able to
explain those confusing rulings on firearms and there is hope. Pleace becareful on passed gun laws on support braces and short barrels, SBR’s. Please check your State Laws also.
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Welcome to the community @Kenneth313
My most important advice would be to consult a lawyer with firearm related experience. And then keep consulting that lawyer every few months since the ATF seems intent on changing rules and making new crap up out of thin air as rapidly as they can.
My very limited understanding is that once the ATF has their new 200+ page pistol brace rule published in the next few days you will have the option to register your pistol as an SBR. Then your firearm would be subject to all the rules governing NFA items. I am not familiar with those but think there are more strict regulations on transport and storage.
Then there is the issue that due to other ATF rules everyone who tries registering under the amnesty could automatically become a self admitted felon within 80 days if their forms are not processed by then. Which is likely given the millions of forms the ATF will be flooded with. Unless everyone decides to submit to destroying their legally purchased and previously ATF approved property or pays a whole lot of money to convert their pistols to rifles.
Removing the brace (and destroying it) might keep the pistol legal for the time being unless or until the ATF decides to classify buffer tubes as sufficiently usable as a shoulder brace. Which they can apparently do whenever the feel like.
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Welcome to the family brother @Kenneth313 and you are in the right place at the right time.
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All I did was referenced to interduce you to a ATTORNEY, USCCA, Tom Grieve. Many people DO NOT understand all these ATF and Washington DC gun rules and laws. Tom Grieve, USCCA can help you to understand those unbelievable rules that BIDEN is placing on Innocent Law Abiding,
Mr. Grieve can only explain and give translation of the illegal rules, he is not our Attorney .
You are correct on what the ATF is doing to our firearms and a gun registry is listing every transaction on every firearm. ATF is not being HONEST and they seek to destroy. Check your information on the 88 Days and 120 Days too. January 31,2023. 120 Days starts a nightmare.
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I don’t like it, but I am converting my Daniel Defense DDM4 AR-15 300 Blackout PDW to a carbine.
I don’t have the money or the time to play Chase me Chase me games with the ATF. Does it grind my gears? Yeah it absolutely does. But I don’t have the time or inclination to become a 2nd Amendment legend.
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My response was to the original poster but I appreciate your link to Tom Grieve. It is valuable information. Though I believe no one can understand the ever changing regulations coming out of the ATF. The only logical explanation is that their only goal is to turn as many law abiding firearms owners as possible into criminals. All their unconstitutional rule changes clearly don’t do anything to make anyone safer.
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In all of these discussions about ATF moving the target of legality nobody ever brings up “Ex post facto”. I’d be curious to hear a legal mind chime in on “It wasn’t against the law when I bought it, it wasn’t against the law for the years I owned it but now I’m a criminal?”
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I’m sure there are dozens, if not hundreds of issues that can and will be used to defend against this infringement.
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Welcome @Kenneth313!
Both to USCCA Community and the millions waiting to see how this brace/SBR thing develops.
If the ATF rulings stands and if you decide to register it as an SBR, then make sure you know the laws/rules governing SBRs. It may be more trouble that it’s worth having an SBR as a car gun.
It’s technically supposed to be in your possession/control at all times. If you leave the car, it should go with you. If you drive out of state, you need to notify ATF and get approval ahead of time. These two things come to mind, but I’m sure there’s more gotchas out there.
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I will likely be forced to do the same. It will cost me money I really need for other things and makes my original purchase useless for its intended purpose. Thus this ruling steals my hard earned money for the original purchase and the extorted money needed to reach compliance with their new arbitrary ruling. I would consider taking the forced “amnesty” route but that will almost certainly put me into violation of other ATF rules. That is too big of a risk for me and my family.
I consider it unconstitutional extortion through the clearly implied threat of violence and illegal detention if I do not “voluntarily” comply. I can’t afford to fight the legal battle to keep my rights and my legally purchased property but am strongly considering a civil suit after the fact.
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That’s my problem as well. I am going to have to spend money that I really need to spend elsewhere. I am actually using my tax refund for this. Between what I spent on my AR-15 pistol and what I am going to have to spend on bringing this pistol into the new compliance standards. I could have bought 2 AR-15 or 3 Glocks, or a combination of the AR-15 and a Staccato .45, now I have to get rid of the PDW parts and convert it to a carbine.
When I actually took this PDW into my possession (I paid for it in advance) there was an actual ATF agent conducting an audit that day at my FFL. I asked them was it legal? Even if I shouldered it? She told me it was.
I have more than enough handguns. I just wanted a rifle caliber round, strictly for SD or HD. I don’t use my PDW for hunting or competition, only for practice and SD.
But I also don’t want to have to deal with the ATF rules regarding SBR’s. I don’t want to have a firearm that I have to be so careful with. Especially in regards to Constructive Possession with my wife.
I even tried to sell it. I was willing to take a $300-$500 loss on it but the best offer I got was a nearly $1,000 loss.
I’m going to comply but I will be keeping my receipt and copying it to send to my Congressman. I am also going to try to find an attorney.
If I had wanted an SBR, I would have bought an SBR. But I don’t want to have to bear the onerous ATF regulations that go into having an SBR. So now it’s bring it into compliance or throw away nearly $2,000. I’m not a collector. All of my firearms have a SD application.
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I’m just going to leave this here:
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I have two big issues that have kept me from purchasing NFA items. The first is the added restrictions regarding travel and use. The second is that you have to sign a form giving the ATF permission to enter your property without warrant to check on your NFA item and anything else they see. Then there are the annoying issues of the added fees and insanely long wait times which I might be willing to deal with if I didn’t have to give up my other constitutional rights as well.
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Hi Shamrock! That is actually a common misconception when it comes to owning an NFA item such as a suppressor. There also aren’t travel restrictions with a suppressor assuming it is legal in the state you are traveling to. That is not the case in terms of SBR’s though. With an SBR, to my understanding, you do have to notify the atf in advance and essentially get “permission” before traveling out of state.
Here is that exact information from the silencer shop FAQ page that answers in terms of if you are giving the atf permission to search your house (This was also one of my biggest concerns that stopped me from getting a suppressor for a while as well) :
" 4. Do I give up any rights when I buy a silencer? (Will the ATF start showing up to search my house?)
No.
This often comes up because of the mistaken belief that a “Class 3″ license is required to purchase a suppressor. A “Class 3″ license is a dealer license – and the ATF absolutely can show up to search a dealer’s premises; but, silencer buyers don’t give up any rights at all."
You can see that in question number 4 on their FAQ page here:
https://www.silencershop.com/silencer-questions
This is definitely a totally different topic from this current thread but just wanted to be sure to share that information in terms of suppressors at least.
Regarding the topic of this thread, I would encourage everyone to watch the Guns & Gadgets video above!
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Thanks for that info! Will definitely look more into the silencer legalities. I have tinnitus from a factory job in my younger days and would really like to limit additional damage to my ears.
Unfortunately it seems that I won’t be able to have a nice compact rifle caliber pistol to attach it to if this ruling passes all the legal challenges. And despite following all state and federal laws and rulings when I made my purchase I will suddenly be thrown into legal limbo until the final rulings come which will likely take years. So the money I could have spent to protect my ears will likely have to go towards ensuring compliance with this clearly illegal ruling:(
This is actually causing my beat up heart and bank account far more stress than they should be handling at the moment. Though it is pretty obvious that the folks at the ATF are quite happy to make as many law abiding citizens as miserable as they can. Think what good could be done if they used a fraction of the countless dollars and manpower hours they are going to waste on this worthless ruling on actually going after the violent criminals that don’t comply with any of the rules!
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That is not going to happen, I don’t own anything, for now, that would ever give these brown shirts a reason to hunt me down.
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I have intentionally made sure to not purchase anything on the list myself but they keep moving the goal posts. And certainly won’t stop here if they succeed.
It is clear the intent is to eventually ban or at the very least force the licensing and registration of any tool that provides anyone with an improved chance of defending themselves and their families. If we are lucky they will allow us to keep our bolt action hunting rifles (as long as they don’t have the ability to attach an “extended magazine”). Maybe they will even let us keep a revolver or two if we ask really really nicely and agree to give them samples of our DNA. But the ammo will have to be locked in a separate safe in a separate room and we will have to call a government agency for the random number access code whenever we want/need to use it.
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Welcome Kenneth!
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