Does shoulder-firing an AR pistol equipped with a pistol brace make it an SBR?

Posted on April 8, 2014 by John Pierce

Sig_Sauer_SB15_BraceUpdate:  For the latest news on the stabilizing brace issue, see my March 21, 2017 update.

…

It is an undisputed fact that putting a shoulder stock on an AR pistol will result in a short-barreled rifle (SBR) subject to regulation under the National Firearms Act (NFA).

However, Sig Sauer sells a stabilizing brace that looks an awful lot like a shoulder stock but is advertised as “ATF Approved.”

What does that mean?  In simple terms, it just means that the ATF’s Firearms Technology Branch (FTB) has determined that it should not be classified as a shoulder-stock.

But why?  Is it a question of ‘intended’ use? As the ad from Sig Sauer demonstrates, it is not intended to be a shoulder stock.  Rather, it is intended to function by strapping the AR pistol to your wrist.

But it sure does look like a shoulder stock doesn’t it?  I have to believe that someone somewhere has tried to use it as a shoulder stock.

Pistol_Brace_Shouldered

Note: The pistol being shown here has a vertical fore-grip because it was already registered as an SBR prior to the test. However, adding a vertical fore-grip to an AR pistol with an overall length less than 26″ does bring it within the purview of the NFA.

In fact, a lot of people have wondered how it would function as a shoulder stock and have even conducted reviews of how well it functions in that regard.  Alex at The Firearm Blog for example declares it to be  “very comfortable and is almost like having a giant recoil pad on the back of your gun.”

Given that glowing review, one can certainly imagine quite a few people choosing to occasionally shoulder fire their AR 15 pistols thus equipped.  But what will the ATF think if such activities become commonplace?  Thanks to Sergeant Joe Bradley of the Greenwood Police Department in Colorado we have an answer (at least for now).

In their letter to Sergeant Bradley, the ATF reiterates that using a pistol brace to shoulder-fire an AR pistol does not render the pistol an SBR under the auspices of the NFA.  The complete letter is presented below for your enjoyment.

I predict a brief sales surge in the pistol brace industry.

ATF_Letter_Pistol_Brace

Posted in ATF, BATFE, Firearms Technology Branch, SBR | Comments Off on Does shoulder-firing an AR pistol equipped with a pistol brace make it an SBR?

The end of eForms?

Posted on April 5, 2014 by John Pierce

logo_eFormsFor NFA collectors and dealers the ATF’s eForms system has been both a stunning success and a frustrating challenge.

The simplified application process and greatly reduced processing times undeniably made eForms the preferred method for submitting your NFA applications.  However, these benefits were offset by periodic outages and frequent times during which the system was up, but virtually unusable.

Over the last several weeks, the ATF tried to address the issues by having multiple shutdown periods during each day.  But the issues continued.

Apparently someone decided that enough was enough.

Those who logged into the ATF eForms system yesterday were presented with the following message.

eForms_Down1

As of this morning, the message has been modified somewhat.  It now reads:

eForms_Down2

Based upon the messages, it appears that those who have already submitted their eForm applications will be processed.  However, it also appears that any eForms in draft status will have to be resubmitted on paper and refunds will need to be requested of the tax payments made for these applications.

Does this really mean the end of the eForms system?  No one knows for sure.  I will keep you updated as I learn more.  In the meantime, all applications at this point should be made via the paper application process.

Posted in ATF, BATFE, eForms, Form 1, Form 4, NFA Trusts | Comments Off on The end of eForms?

What do I need to do when my tax stamp arrives?

Posted on March 13, 2014 by John Pierce

TaxStampFor an NFA collector it is truly a special day when an approved Form 4 and the accompanying tax stamp finally arrive.  After all, you have waited long months for this day and suddenly it is here.

But don’t be too quick to grab the car keys and head out the door.  In the excitement of the moment it is easy to forget that there is a small but important administrative task that you must perform before you can go and pick up your new toy from the dealer.

Do you remember when we first drafted your NFA trust? We talked about the need to place an initial asset in the trust and I explained why it could not be the item that you planned to use the trust to purchase … not even if you had already paid for it.

I explained that the trust does not truly ‘own’ an NFA item until the Form 4 has been approved and the tax stamp has been received.  I may have even used the term ‘non-possessory equity interest’ to describe what your prepayment gave you if it wasn’t actual ‘ownership’.

But now you have the tax stamp in hand and you want to go pick up your latest acquisition.  What do you need to do?

The short answer is that the newly approved NFA item must be added to Schedule A of your trust.  As for how this is to be accomplished, you have two option.

If you are comfortable with Microsoft Word, you may use the Word document I provided when we formed your trust to generate a new Schedule A with the newly approved item added to the list of assets.  You will want to include the make, mode, serial number, caliber (if applicable), and tax stamp number.

If this is a step that you do not feel comfortable doing on your own, remember that I am always happy to make this change for you free of charge.  You need only email or call and I will make the change for you and send you an updated copy of the schedule.

Regardless of how it is modified, you will then want to print the new Schedule A, sign and date it, and replace that page in all extant copies of the trust.

With that having been done, you may now take a copy of the trust along with the approved Form 4 and tax stamp and head excitedly to the dealer.

Posted in ATF, BATFE, Form 4, NFA Trusts | Comments Off on What do I need to do when my tax stamp arrives?

What do I need to do regarding my NFA items when I move?

Posted on March 11, 2014 by John Pierce

Moving_Guns

Probably the single question I am asked most frequently by NFA trust clients is “What do I need to do when I move?”

When I mentioned this to one of my law school classmates (who does not own any NFA items) he asked why this particular issue causes so much anxiety in the NFA community?

The answer is simple … NFA collectors understand that the suppressors, short barreled rifles, short barreled shotguns, AOWs, and machine guns they own are some of the most heavily regulated consumer products in the country.

They also understand that violating any one of several dozen ATF regulations can instantly transform a law-abiding citizen into a criminal.  And let’s not forget that, in addition to federal laws and regulations, many states have their own laws governing NFA items which an unsuspecting new resident may inadvertently violate.

So … with that having been said … what do you need to do when you are moving and you have properly registered NFA items?

We start with a key question … are you moving in-state or out-of-state?

I Am Moving In-State

The good news is that if you are moving in-state then there is no legal requirement that you notify the ATF of your new address.  However, up until June of 2013, it was requested that NFA owners send a letter to the ATF when moving in-state so that the NFRTR (registry) could be kept up to date.

Since June of 2013, the ATF has returned such letters with a note that they are no longer accepting address changes in the form of letters and requesting that those wishing to report a new in-state address submit a Form 5320.20.

In summary … you have no legal duty to notify the ATF of an in-state change of address.  If you wish to do so, you should use a Form 5320.20.

I Am Moving To A New State

If you are moving to a new state then the situation is very different.  You have some homework to do before you do anything else.

First, you should know that your trust will remain valid.  Any trust that is validly created under the laws of the state in which it was created will be given full faith and credit by any other state.  In addition, Virginia (like many states) has adopted a version of the Uniform Trust Code.

But just because the trust will remain valid does not mean that you can automatically take your NFA collection to that state.  You will want to have your trust assets reviewed by an attorney licensed to practice law in the state you are moving to who is familiar with both trust law and the NFA.

This attorney will help you determine if there are any state laws which would either prohibit or restrict the possession of one or more of your NFA items.  If so, you have several options.

  • Any joint trustee residing in your current state of residence may store the offending NFA items so long as they retain the status of joint trustee.
  • You may store the offending NFA items in a safe deposit box in your current state of residence. 
  • You may store the offending NFA items at the home of a friend or relative in your current state of residence in a locked room or container to which only one of the trustees has the key or combination.  If you choose this option then you should provide your friend or relative with a copy of the trust, the registration forms, and a letter from the grantor authorizing storage of the firearm at that location.

Once these issues are resolved then you need to apply for, and receive, permission from the ATF to transport your NFA items across state lines prior to the move.  As mentioned earlier, you do this by submitting a Form 5320.20.  Let me say that one more time … you must have an approved Form 20 before you transport any of your NFA items (excepting suppressors and AOWs) across state lines.

And while suppressors and AOWs technically do not require a Form 20 to cross state lines, I strongly recommend that, in the case of a permanent move, you submit a Form 20 for them in any case so that the NFRTR can be updated to reflect your new state of residence.

Finally … once you have your approved Form 20(s) in hand then you may move with confidence.

Disclaimer
I am only licensed to practice law in the Commonwealth of Virginia and may only represent clients who reside in the Commonwealth.

Any discussion of legal issues on this site is limited to the laws of the Commonwealth of Virginia.

Furthermore, postings on the website are intended as advertising material and informational only and do not give rise to an attorney-client relationship.

 

Posted in ATF, BATFE, Form 20, Interstate Move, Intrastate Move, NFA Trusts, SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on What do I need to do regarding my NFA items when I move?

Do I need to submit a 5330.20 if I am using eForms?

Posted on March 7, 2014 by John Pierce

FilesFor those of you who are not familiar with ATF Form 5330.20, it is also known as a Certification of Compliance with 18 U.S.C. 922(g)(5)(B).

For those who are still lost, it is a form on which an NFA applicant certifies that they are a United States citizen or a permanent resident alien.

However, a trust doesn’t easily fall into such categories and therefore the question of whether or not a 5330.20 is required for trust applicants has some history.

At one time the ATF said that they were not required and many, many Form 1 and Form 4 applications were approved for trust applicants without a 5330.20.

Then … several examiners began requesting them and I began recommending that all trust applicants submit a 5330.20 in the name of a trustee with their paper applications.

And now … eForms has entered the scene and we are left with the question of whether or not a 5330.20 should be scanned along with the trust instrument when submitting an eForm 4 or an eForm 1.

The answer, according to the September 17, 2013 eForms Bulletin from the ATF is ‘No.’

On page 2 of the bulletin, the ATF tells us that “When the maker or transferee is a legal entity, Form 5330.20 (generally known as the non-immigrant alien certification) is not required.“

Posted in ATF, BATFE, eForms, Form 1, Form 4, Form 5, NFA Trusts | Comments Off on Do I need to submit a 5330.20 if I am using eForms?