Category Archives: NFA Trusts

Fifth Circuit Court of Appeals clarifies the scope of their preliminary injunction against arm brace rule

Earlier this week, I wrote a brief article about the Fifth Circuit granting a limited preliminary injunction against implementation of the ATF Arm Brace Rule (2021R-08F). Since then, I have been asked the same two questions repeatedly by clients who … Continue reading

Posted in 2021R-08F, 2A, Administrative Law, Arm Brace, ATF, ATF Ruling, BATFE, Court Rulings, Federal Court, Fifth Circuit, NFA Trusts, Regulatory Rulemaking | Comments Off on Fifth Circuit Court of Appeals clarifies the scope of their preliminary injunction against arm brace rule

Some examiners are now allowing corrections on eForm submissions

One of the FFLs I deal with frequently has not yet adopted the eForms system because of the fact that paper applications offer the chance of a correction letter, whereas an error on a submitted eForm would result in a … Continue reading

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Fifth Circuit Court of Appeals grants LIMITED preliminary injunction against arm brace rule

Earlier today, in a per curiam decision, the United States Court of Appeals for the Fifth Circuit granted a limited preliminary injunction in the case of Mock v. Garland.  If you recall, this is the same case where a preliminary … Continue reading

Posted in 2021R-08F, 2A, Administrative Law, Arm Brace, ATF, ATF Ruling, BATFE, Court Rulings, Federal Court, Fifth Circuit, NFA Trusts, Regulatory Rulemaking | Comments Off on Fifth Circuit Court of Appeals grants LIMITED preliminary injunction against arm brace rule

The arm brace rule (2021R-08F) has been published in the Federal Register, so what do we do next?

As of January 31, 2023, the arm brace rule (2021R-08F) has been published in the Federal Register. and therefore, has the force and effect of law (unless overturned in the future by a legal challenge). If you own an arm … Continue reading

Posted in 2021R-08F, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, eForms, Form 1, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Stabilizing Brace, Tax Stamp | Comments Off on The arm brace rule (2021R-08F) has been published in the Federal Register, so what do we do next?

Documenting the date you assigned your arm brace pistol to your trust

The ATF has taken the position that, in order to register an SBR under the free tax stamp provision of the arm brace rule (2021R-08F), the pistol must  have already been assigned to, or owned by, the trust prior to … Continue reading

Posted in 2021R-08F, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, eForms, Form 1, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Stabilizing Brace, Tax Stamp | Comments Off on Documenting the date you assigned your arm brace pistol to your trust