Can I buy an AR pistol now (during the 120 day period instead of before) and still receive a free stamp?

starquestbd22

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Apologies if this has been asked. There is just so much to sift through with this new ruling and a lot of assumptions. I'm not sure that anyone will have the answer to this question but thought it worth trying.

As the title states, if I buy an AR pistol now and promptly submit form 1, can I avoid the $200 tax stamp cost?
 
Nope. Has to have been in your name before January 13th I believe?
 
Nope. Has to have been in your name before January 13th I believe?
Not saying you are wrong, just curious what leads you to this conclusion. Also, if the date of possession/ownership is a factor, I would think the date would be prior to January 31, the date the ruling was published to the Federal Register.
 
Not saying you are wrong, just curious what leads you to this conclusion. Also, if the date of possession/ownership is a factor, I would think the date would be prior to January 31, the date the ruling was published to the Federal Register.
You are right, it is the 31st. But I am pretty sure you can’t just buy one now and get the free stamp. I’m sure someone will come in and comment with more knowledge soon.
 
It is Jan 31. Dont buy one on the books . Capiche?
Capiche! 😂

But this brings up other questions. Like, if the ATF doesn't have a firearms register, how would they know when you purchased the pistol? Just saying, aside from contacting the FFL of each firearm submitted for registration, how would they know? Do they have the manpower to do that? Further, how would they know if your lower is a pistol at all? What if you submitted a rifle (non-braced obviously) lower for registration?

I'm not trying to cheat the system. I have tried to read the ruling and related announcements. But the only thing pertaining to time that I have seen was that if registering as a trust, the firearm must have belonged to the trust prior to the ruling being published. It does not say anything about registration as an individual.
 
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I went to a local "gun show" today and there were several AR and AK pistols for sell there. I only saw one SBR for sale at $3,500. I assume that it was an SBR as it had a stock and barrel looked less than 16" to me but then again, I am not an ATF agent.
 
Capiche! 😂

But this brings up other questions. Like, if the ATF doesn't have a firearms register, how would they know when you purchased the pistol? I'm not trying to cheat the system. Just saying, aside from contacting the FFL of each firearm submitted for registration, how would they know? Do they have the manpower to do that? Further, how would they know if your lower is a pistol at all? What if you submitted a rifle (non-braced obviously) lower for registration?

They wouldn't. The problem comes later is anything happens and it doesn't have to be YOU doing it. Your gun gets stolen and used in a crime or anything that ties it back to you. They do a trace and the numbers dont add up. Instant felony charges.. Probably never happen. Probably
 
I went to a local "gun show" today and there were several AR and AK pistols for sell there. I only saw one SBR for sale at $3,500. I assume that it was an SBR as it had a stock and barrel looked less than 16" to me but then again, I am not an ATF agent.
This is a whole other discussion. My LGS is telling me that they have been told not to sell AR pistols with attached braces. And most all of the online vendors have stopped selling brace-equipped pistols. But wouldn't they be able to legally continue doing so until the end of the compliance period? As I understand it, if you currently own a braced weapon, you have until May 31 to comply. So you could leave the brace on the weapon and do nothing until May 30 if you so chose. Again, just thinking out loud.
 
This is a whole other discussion. My LGS is telling me that they have been told not to sell AR pistols with attached braces. And most all of the online vendors have stopped selling brace-equipped pistols. But wouldn't they be able to legally continue doing so until the end of the compliance period? As I understand it, if you currently own a braced weapon, you have until May 31 to comply. So you could leave the brace on the weapon and do nothing until May 30 if you so chose. Again, just thinking out loud.

Licensed dealers cannot sell. Its an SBR now. Neither can anyone else really. Take the stock off ( yes, stock ) and it can sell. If you dig down into it thats the legal reason you can't transfer a braced pistol into a trust after Jan 31. That would be an illegal transfer of an NFA regulated item.
 
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They wouldn't. The problem comes later is anything happens and it doesn't have to be YOU doing it. Your gun gets stolen and used in a crime or anything that ties it back to you. They do a trace and the numbers dont add up. Instant felony charges.. Probably never happen. Probably
I could see this as a possibility if they somehow discovered that you had registered a rifle lower as an SBR under this program. I would imagine that constitutes some sort of fraud at the very least. But if they discovered that you purchased a pistol after the ruling and registered it during the grace period, I'm not sure what they could do about it. It wouldn't constitute an NFA violation.
 
I could see this as a possibility if they somehow discovered that you had registered a rifle lower as an SBR under this program. I would imagine that constitutes some sort of fraud at the very least. But if they discovered that you purchased a pistol after the ruling and registered it during the grace period, I'm not sure what they could do about it. It wouldn't constitute an NFA violation.
It is fraud but more importantly its lying on the Form 1 which is a felony in and of itself. Same as lying ona 4473. It would be an NFA violation
 
Licensed dealers cannot sell. Its an SBR now. Neither can anyone else really. Take the stock off ( yes, stock ) and it can sell. If you dig down into it thats the legal reason you can't transfer a braced pistol into a trust after Jan 31.
I guess that makes sense. It's just odd that I can't go out and buy one right now. But if I already owned one, I could keep it in that configuration until May 31. Not saying you're wrong...I think you're right. It's just odd.
 
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I guess that makes sense. It's just odd that I can't go out and buy one right now. But if I already owned one, I could keep it in that configuration until May 31. Not saying you're wrong...I think you're right. It's just odd.

They are grandfathering you in as a owner prior to the ruling date. You dont get to keep it in its configuration but they are giving you a free stamp. They call it a forbearance because they claim it was always an SBR and they forbeared collecting the tax and are ow waiving the stamp cost as long as you register it as an SBR in time. How generous of them. If you buy one after the 31st you have purchased an SBR illegally . That the NFA violation part. If you build an SBR after the 31st by putting a brace/stock on a pistol then that is an NFA violation.
 
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I guess that makes sense. It's just odd that I can't go out and buy one right now. But if I already owned one, I could keep it in that configuration until May 31. Not saying you're wrong...I think you're right. It's just odd.
If you think about it, it’s not that odd. They made a rule change instantly turning pistols into SBRs over night. If they included the ones in people’s possession, those people would have became felons over night. No court in the US would have allowed that to happen and would have most likely ended in some case law supporting the 2A and not .gov overreach.

That’s a chance the gun grabbers weren’t willing to take. So, they regulated the ones that were not previously in private possession and gave the people who already possessed them a way to avoid becoming felons.
 
It is fraud but more importantly its lying on the Form 1 which is a felony in and of itself. Same as lying ona 4473. It would be an NFA violation

I've never filled out a form 1. Does it ask when you purchased the firearm being registered as an SBR? If it does, I am not suggesting lying. I am simply asking are they going to care if you purchased it after the ruling? Obviously that was not their intent of the fee waiver but does their intent matter if it isn't in writing? I don't see submitting a form 1 with accurate information as any type of fraud. I would think the worst thing that could happen is that they deny it until you remit the $200 fee.
If you buy one after the 31st you have purchased an SBR illegally . That the NFA violation part. If you build an SBR after the 31st by putting a brace/stock on a pistol then that is an NFA violation.
Understood but I wasn't talking about buying a braced SBR. I was talking about buying a non-braced pistol. A pistol lower without a brace is still just a pistol, correct? And could remain so indefinitely.
 
I've never filled out a form 1. Does it ask when you purchased the firearm being registered as an SBR? If it does, I am not suggesting lying. I am simply asking are they going to care if you purchased it after the ruling? Obviously that was not their intent of the fee waiver but does their intent matter if it isn't in writing? I don't see submitting a form 1 with accurate information as any type of fraud. I would think the worst thing that could happen is that they deny it until you remit the $200 fee.

Understood but I wasn't talking about buying a braced SBR. I was talking about buying a non-braced pistol. A pistol lower without a brace is still just a pistol, correct? And could remain so indefinitely.

The instructions ask if the gun was owned prior to the 31st.

It could be purchased as a braced pistol and you could put a stock on it . You would have to pay the $200 making tax.
 
Clearly OP just wants someone to say “yes you can buy a pistol now and not pay the tax.”
Clearly, you should abstain from making assumptions about the intent and/or desires of others. I have no interest in your assumptions or direction. I am interested in doing what benefits me the most while staying on the right side of the ATF/NFA. I posted seeking factual information with evidence to support it. I did not come seeking unsupported opinion.
 
Clearly, you should abstain from making assumptions about the intent and/or desires of others. I have no interest in your assumptions or direction. I am interested in doing what benefits me the most while staying on the right side of the ATF/NFA. I posted seeking factual information with evidence to support it. I did not come seeking unsupported opinion.
Cool story bro.
 
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The instructions ask if the gun was owned prior to the 31st.

It could be purchased as a braced pistol and you could put a stock on it . You would have to pay the $200 making tax.
This would seem to be the answer to my question. May I confirm...you know this because you have completed form 1 to register a braced weapon as an SBR since the ruling was published? Asking the date of purchase does not mean anything but asking if the gun was owned prior to January 31 makes the answer very clear.
I’d like to welcome the new federal agent to the forum.

Not new, but quietly lying in wait since 2017.

And this is why the internet sucks. This was a polite, professional discussion until one of you made unwarranted (and incorrect) assumptions and then made a rude comment as to such. And that turns into off-topic name-calling and accusations. I would expect that from Reddit but I thought this forum might be above it. I guess now I know.
 
This would seem to be the answer to my question. May I confirm...you know this because you have completed form 1 to register a braced weapon as an SBR since the ruling was published? Asking the date of purchase does not mean anything but asking if the gun was owned prior to January 31 makes the answer very clear.




And this is why the internet sucks. This was a polite, professional discussion until one of you made unwarranted (and incorrect) assumptions and then made a rude comment as to such. And that turns into off-topic name-calling and accusations. I would expect that from Reddit but I thought this forum might be above it. I guess now I know.
Yes, I have done one, I have read the rules and understand them and I’m a licensed 07/02 SOT manufacturer FFL holder. I have to know the rules.
 
Yes, I have done one, I have read the rules and understand them and I’m a licensed 07/02 SOT manufacturer FFL holder. I have to know the rules.
Thank you sir. Exactly what I was looking for...facts rather than opinion or unsupported "permission". I am still a little curious about the language that states that the fee waiver only applies to firearms owned before the ruling. But in the grand scheme of things, it doesn't seem to matter. I can think of no other reason why they would ask if the firearm was owned before January 31 other than to determine whether you owe them $200 or not.

Thank you again.
 
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Thank you sir. Exactly what I was looking for...facts rather than opinion or unsupported "permission". I am still a little curious about the language that states that the fee waiver only applies to firearms owned before the ruling. But in the grand scheme of things, it doesn't seem to matter. I can think of no other reason why they would ask if the firearm was owned before January 31 other than to determine whether you owe them $200 or not.

Thank you again.

From the ATF FAQ on the subject...

13. IS THERE A LIMIT OF HOW MANY FIREARMS WITH A “STABILIZING BRACE” THAT I CAN REGISTER AS SBRS FOR FREE DURING THE TAX FORBEARANCE PERIOD? • The tax forbearance only pertains to the firearms with an attached “stabilizing brace” in your possession at the time the final rule is published. There is no limit on how many you may register, but owners in possession of these types of SBRs must register within 120-days from the date of publication in the Federal Register.
 
From the ATF FAQ on the subject...

13. IS THERE A LIMIT OF HOW MANY FIREARMS WITH A “STABILIZING BRACE” THAT I CAN REGISTER AS SBRS FOR FREE DURING THE TAX FORBEARANCE PERIOD? • The tax forbearance only pertains to the firearms with an attached “stabilizing brace” in your possession at the time the final rule is published. There is no limit on how many you may register, but owners in possession of these types of SBRs must register within 120-days from the date of publication in the Federal Register.
Doesn't get any clearer than that. Thank you again. My dealing with ATF regulations and interpretations is pretty limited but this situation seems to fit their M.O. of "let's publish something that leaves more questions than answers and force you to dig for specifics."
Lemme ask a question…then tell you why your answer is wrong.
How about lemme post something that offers absolutely nothing of value to the conversation?

Not like that at all BTW. Are we not allowed to have back and forth conversation? I'm game to throw on-topic thoughts back and forth all day but I was looking for specific facts. It took us a while to get around to that or the conversation would not have gone on as long as it did.

This thread is pointless from here on out. I see you are a staff member. You can close/lock it if you so choose.
 
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Doesn't get any clearer than that. Thank you again. My dealing with ATF regulations and interpretations is pretty limited but this situation seems to fit their M.O. of "let's publish something that leaves more questions than answers and force you to dig for specifics."

The ruling is 293 pages long and goes into great detail explaining their legal position.
 
This would seem to be the answer to my question. May I confirm...you know this because you have completed form 1 to register a braced weapon as an SBR since the ruling was published? Asking the date of purchase does not mean anything but asking if the gun was owned prior to January 31 makes the answer very clear.




And this is why the internet sucks. This was a polite, professional discussion until one of you made unwarranted (and incorrect) assumptions and then made a rude comment as to such. And that turns into off-topic name-calling and accusations. I would expect that from Reddit but I thought this forum might be above it. I guess now I know.
Apologies if my conclusion was incorrect, but it is difficult to conceive of the existence of someone with your specific interest that is so ignorant on the topic. There are several threads here and on every gun forum on the internet, the obvious explanation is that you are willfully ignorant or pretending to be. Moreover you seem inclined to encourage others to intimate that they may be ignoring the law while reiterating that you have no intention to do so. This is not conclusive of course, I just find it curious and unlikely.

In the event that you are uncertain, there is no way for you to legally acquire or make a braced pistol at this time and file for a “free” stamp.
 
Apologies if my conclusion was incorrect, but it is difficult to conceive of the existence of someone with your specific interest that is so ignorant on the topic. There are several threads here and on every gun forum on the internet, the obvious explanation is that you are willfully ignorant or pretending to be. Moreover you seem inclined to encourage others to intimate that they may be ignoring the law while reiterating that you have no intention to do so. This is not conclusive of course, I just find it curious and unlikely.

In the event that you are uncertain, there is no way for you to legally acquire or make a braced pistol at this time and file for a “free” stamp.
I do have a specific interest but that's all it is at this point. I own no NFA items and have no firsthand knowledge of the processes. Accordingly, I am indeed largely ignorant on the topic. But in my defense, it is not as if the laws and procedures are exactly simple or easy to comprehend. Not to mention, the one very specific question that I came here to ask is new ground to everyone. Yes, there are tons of threads and info on this specific topic and while I had found the same question in my searching, I had yet to find a real answer. To stress the level of misinformation, misunderstanding, and misconceptions, even my LGS gave me a different answer than what I received here.

I appreciate your thorough and kind reply this time around. If it concerns you, I would point out that if you had responded that way to begin with (instead of calling me a liar), I would not have taken offense. Just because you deem something "curious and unlikely" does not automatically make you right.

To clarify a point in your last statement, I never said anything about wanting to acquire a "braced pistol". That was never my goal nor what this thread was about. My question was about buying an AR pistol (which in itself is still entirely legal) and whether or not the ATF's tax stamp waiver would apply to any AR pistol to SBR application during the given forbearance period. As stated, I have received my answer.
 
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I do have a specific interest but that's all it is at this point. I own no NFA items and have no firsthand knowledge of the processes. Accordingly, I am indeed largely ignorant on the topic. But in my defense, it is not as if the laws and procedures are exactly simple or easy to comprehend. Not to mention, the one very specific question that I came here to ask is new ground to everyone. Yes, there are tons of threads and info on this specific topic and while I had found the same question in my searching, I had yet to find a real answer. To stress the level of misinformation, misunderstanding, and misconceptions, even my LGS gave me a different answer than what I received here.

I appreciate your thorough and kind reply this time around. If it concerns you, I would point out that if you had responded that way to begin with (instead of calling me a liar), I would not have taken offense. Just because you deem something "curious and unlikely" does not automatically make you right.

To clarify a point in your last statement, I never said anything about wanting to acquire a "braced pistol". That was never my goal nor what this thread was about. My question was about buying an AR pistol (which in itself is still entirely legal) and whether or not the ATF's tax stamp waiver would apply to any AR pistol to SBR application during the given forbearance period. As stated, I have received my answer.

Die Horse Die

OK. A few minor issues. We are not in a forbearance period. We are in a sort of an amnesty period. If it were a true amnesty period you would have to register . There would be no option out of the NFA system. In this case there is. You can de-SBR your braced pistol instead of taking advantage of the tax exempt registration period. . So, you can undo your SBR or register your SBR during the 120 day period. After that you have an unregistered SBR if you choose not to register or de-SBR it. The Forbearance aspect is on the ATF. Their whole legal explanation for their ruling is that braced pistols always were SBR's and they, the ATF itself, has chosen to forbear, or postpone, the payment of the making tax until now and in the great depth of their generosity they have decided to waive the tax. It sounds dumb as hell but it's part of a very carefully crafted legal argument they have been working on for years to make their plan stick in the courts. Yes, there are lawsuits in play now and there are certainly more to come but the ATF has sharpened their legal pencils on this and they aren't going to be rolling over on this one.
 
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Die Horse Die

OK. A few minor issues. We are not in a forbearance period. We are in a sort of an amnesty period. If it were a true amnesty period you would have to register . There would be no option out of the NFA system. In this case there is. You can de-SBR your braced pistol instead of taking advantage of the tax exempt registration period. . So, you can undo your SBR or register your SBR during the 120 day period. After that you have an unregistered SBR if you choose not to register or de-SBR it. The Forbearance aspect is on the ATF. Their whole legal explanation for their ruling is that braced pistols always were SBR's and they, the ATF itself, has chosen to forbear, or postpone, the payment of the making tax until now and in the great depth of their generosity they have decided to waive the tax. It sounds dumb as hell but it's part of a very carefully crafted legal argument they have been working on for years to make their plan stick in the courts. Yes, there are lawsuits in play now and there are certainly more to come but the ATF has sharpened their legal pencils on this and they aren't going to be rolling over on this one.
I tried to let it die. Even recommend that it be locked after achieving its purpose. But alas...

Thank you for the clarification on the terminology.
 
I am pretty sure that if you purchase one on the forums somewhere. They ABC boys won't be able to determine when the pistol was purchased, as there was no 4473 on your name. And the eform does not ask you the date you purchased your pistol.
 
Alternatively, just do whatever you want and don't register anything.***

***Attention law enforcement officers: This post is meant as sarcasm and not actual advice and should not be taken as evidence that either the original poster or myself are guilty of any crime.
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I was wondering the same thing, I had a lower I purchased before Jan 31, with grand plans of building it out as another pistol. But the ruling had already been announced by 13jan.

Lower was built out as a pistol but I didn’t have funds to finish the upper before 31jan. I didn’t put this one in my trust. Did run it with a 10.3 barrel upper to make sure it functioned.

Could I still register this one but as individual or would it be violation? I’m not trying to get around doing it and don’t want to break any law
 
I was wondering the same thing, I had a lower I purchased before Jan 31, with grand plans of building it out as another pistol. But the ruling had already been announced by 13jan.

Lower was built out as a pistol but I didn’t have funds to finish the upper before 31jan. I didn’t put this one in my trust. Did run it with a 10.3 barrel upper to make sure it functioned.

Could I still register this one but as individual or would it be violation? I’m not trying to get around doing it and don’t want to break any law

I mean legally if it was assembled with a brace prior to the 31st You'd be OK.
 
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