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Pistol brace rule is dead!

5,849 Views | 38 Replies | Last: 23 days ago by lazuras_dc
GeorgiAg
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DOJ dismissed the appeal. It's over.

https://www.news2a.com/national/2a-victory-pistol-brace-rule-dead-as-doj-dismisses-appeal/
Yesterday
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Nice! Hopefully the NFA tax stamp items are next.
TresPuertas
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great news. even though i didn't pay attention to it.

where are we with Suppressors. I've seen a lot of different info out there but are we close to being able to buy them off the shelf
Yesterday
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The $200 tax has been eliminated starting in January I think. But, considering congress used the "tax" excuse as a way to register short barreled rifles and suppressors, several organizations are filing suit to get rid of that as well. We'll see.

I am curious to see how this effects machine guns since they are also regulated by the NFA tax stamp.

Here's a better explanation.
txaggie2012
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TresPuertas said:

great news. even though i didn't pay attention to it.

where are we with Suppressors. I've seen a lot of different info out there but are we close to being able to buy them off the shelf


Starting 2026 sounds like you Still have to go through the process just without paying $200. A lot of companies are already taking orders for people and will submit January. I went ahead and pulled the trigger and paid $200 because I imagine we will be seeing 6+ month waits again plus suppressors being out of stock.
GeorgiAg
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TresPuertas said:

great news. even though i didn't pay attention to it.

where are we with Suppressors. I've seen a lot of different info out there but are we close to being able to buy them off the shelf
.

Silencer Shop Foundation v ATF. Filed this month. ATF has not been served and they have 60 days to answer once served. If successful, no more registration for suppressors or SBR.
Jason_Roofer
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GeorgiAg said:

TresPuertas said:

great news. even though i didn't pay attention to it.

where are we with Suppressors. I've seen a lot of different info out there but are we close to being able to buy them off the shelf

.

Silencer Shop Foundation v ATF. Filed this month. ATF has not been served and they have 60 days to answer once served. If successful, no more registration for suppressors or SBR.

And once that happens, if successful, I can just buy a suppressors at Midway or my local convenience store without any hassle or bullsheet?
GeorgiAg
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Yessir. Just like you buy a pistol. In Georgia with a conceal carry license there is no background check. Not that you need one anymore for concealed carry but i still have one to make purchases faster.

Not sure what rules are in Texas. Last gun I bought there was in college.

But no more federal registration if they win.
techno-ag
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GeorgiAg said:

Yessir. Just like you buy a pistol. In Georgia with a conceal carry license there is no background check. Not that you need one anymore for concealed carry but i still have one to make purchases faster.

Not sure what rules are in Texas. Last gun I bought there was in college.

But no more federal registration if they win.

Should be even less strenuous than that, akin to purchasing an extra mag, set of rings, or a scope.
The left cannot kill the Spirit of Charlie Kirk.
rab79
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Jason_Roofer said:

GeorgiAg said:

TresPuertas said:

great news. even though i didn't pay attention to it.

where are we with Suppressors. I've seen a lot of different info out there but are we close to being able to buy them off the shelf

.

Silencer Shop Foundation v ATF. Filed this month. ATF has not been served and they have 60 days to answer once served. If successful, no more registration for suppressors or SBR.

And once that happens, if successful, I can just buy a suppressors at Midway or my local convenience store without any hassle or bullsheet?


Or fabricate your own...
FobTies
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So can stocks like this be considered "braces"?

No one uses forearm braces to shoot, so it would only be a "win" if these type stocks didnt require SBR registration.





Mr. Dubi
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With the tax being waived, it might be worth your while to just wait and form 1 it. That's just my opinion
Aggieangler93
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Silencer Shop is paying the tax stamp fee right now, from what I have heard, so even though you still need it now, they cover it for you. I am not sure if that is on all models or not?
Class of '93 - proud Dad of a '22 grad and a '26 student!
BlitzGD
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Aggieangler93 said:

Silencer Shop is paying the tax stamp fee right now, from what I have heard, so even though you still need it now, they cover it for you. I am not sure if that is on all models or not?

Pretty sure they are charging the customer still, not sure why they would take a $200 hit on every transaction. Might not be a separate line item anymore though.
Quarterback can't throw the ball lying on his back.
4
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GeorgiAg said:

Yessir. Just like you buy a pistol. In Georgia with a conceal carry license there is no background check. Not that you need one anymore for concealed carry but i still have one to make purchases faster.

Not sure what rules are in Texas. Last gun I bought there was in college.

But no more federal registration if they win.

Why would you have to go through the same process as buying a pistol to buy something that isn't a firearm or weapon of any kind?
GeorgiAg
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Brief filed by good guys in the silencer shop v. ATF case! Response due by ATF on 10/29

Link to brief:
https://storage.courtlistener.com/recap/gov.uscourts.txnd.406278/gov.uscourts.txnd.406278.49.0.pdf
Bradley.Kohr.II
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Was that written by a lawyer? Very odd brief.
Red Pear Realty
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GeorgiAg said:

Brief filed by good guys in the silencer shop v. ATF case! Response due by ATF on 10/29

Link to brief:
https://storage.courtlistener.com/recap/gov.uscourts.txnd.406278/gov.uscourts.txnd.406278.49.0.pdf


Hell yeah.
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harge57
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BlitzGD said:

Aggieangler93 said:

Silencer Shop is paying the tax stamp fee right now, from what I have heard, so even though you still need it now, they cover it for you. I am not sure if that is on all models or not?

Pretty sure they are charging the customer still, not sure why they would take a $200 hit on every transaction. Might not be a separate line item anymore though.


Because everyone is just waiting for the $200 fee to drop killing their business. They need an interim solution. Yes they are probably inflating prices to help cover it.
GeorgiAg
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1/1/26 - gonna be a suppressor frenzy. Especially if the court grants MSJ and doesn't stay it during the appeal. I'm going to buy about 4 if that happens. Maybe more.

GeorgiAg
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Bradley.Kohr.II said:

Was that written by a lawyer? Very odd brief.

Looks like a typical brief in Federal Court to me. And it was probably written by at least a half dozen or more lawyers.
Bradley.Kohr.II
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The language seems unprofessional, IMO.
JohnnyShotgun
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Where are we at with forward hand grips on a PCC? I have a PSA ARV that I would love to put a grip on legally.
aggieforester05
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JohnnyShotgun said:

Where are we at with forward hand grips on a PCC? I have a PSA ARV that I would love to put a grip on legally.

With a forward grip: Needs to be SBR'd if barrel is less than 16" with a stock. AOW'd if the barrel is less than 16" and there is no brace or stock.. I'm not sure about a forward grip and a brace, but it would likely need to be AOW'd. Definitely not legal without either classification.

There's some work arounds with angled grips and mag holders, but do your research and proceed with caution.

They may only be able to charge you with illegal possession of an AOW if you have a brace and forward grip instead of illegal possession of a SBR, but it's a distinction without a difference.
TheGifGuy
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Why don't you use a hand stop?
normaleagle05
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Bradley.Kohr.II said:

The language seems unprofessional, IMO.

My non-lawyer opinion is that it is a little more blunt at times than a lot of briefs.

Hopefully it's effective.
GeorgiAg
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JohnnyShotgun said:

Where are we at with forward hand grips on a PCC? I have a PSA ARV that I would love to put a grip on legally.

If the msj is granted, it should take care of that. If the Court holds there is no underlying basis for the NFA other than tax, that's done as of 1/1/26.

Machine guns are still taxed, so NFA still holds for them.
GeorgiAg
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Updates:

Response and cross MSJ by Bondi/U.S.:
gov.uscourts.txnd.406278.60.0.pdf

Reply Brief filed by the Good Guys:
https://storage.courtlistener.com/recap/gov.uscourts.txnd.406278/gov.uscourts.txnd.406278.75.0.pdf

I just skimmed through them, but I like our chances. No idea when the Court will rule. Maybe a Christmas miracle?

Wives/GF: "You are so hard to buy for Christmas!"

[summary judgment to the good guys]

"I want suppressors for my next 5 birthdays and Christmases." Easy. Here's a list. Now you just walk in and buy them.

1/1/26 is gonna be like black friday for suppressors! [I hope]
Swede
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My local shop that's a Silencer Shop partner said there are about 750k Form4s waiting to be submitted Jan. 1. It's going to be a long backlog for sure.
lazuras_dc
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Man I tried to get in before the craziness so I purchased from silencershop two weeks ago to ship to my local FFl. Still waiting on form3 approval which means I prob won't even get to get my form 4 submitted in time before atf closes down for end of year and I'll be jumbled in with the Charlie Foxtrot. And I prett ymuch paid the $200 tax stamp for nothing
GeorgiAg
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If the good guys win, that may be affected by appeals. So I'm not counting my chickens for a January no-registration suppressor. But I don't see how they could possibly keep the tax, so that's good.

The governments basic arguments are 1) we still tax the businesses that make these an "occupational tax" and 2) the fall back on the Commerce Clause - Hail Mary pass by them.

The reply makes good arguments. The gov't concedes the registration tax on consumers is gone and if the occupational tax argument is upheld, then the US government could apply a registration for every product manufactured by companies that pay an occupational tax.

The Commerce Clause is a stretch and would require the Courts to apply a new rationale it never has before. Again, the parade of horrors/slippery slope argument applies here too - it this is a basis, then the government could apply it to everything.

Also, 15 states joined on the Good Guys' side - Texas and Georgia included. The Constitution left this police power to the states. Let California and Massachusetts ban it. I just want to protect my ears and be a little bit quieter for the neighbors.

BTHO Miami, Kentucky and the Registration Requirement for SBRs and Suppressors!

TXJD2012
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The tamp stamp will be refunded if not approved before Jan 1.
lazuras_dc
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Great to hear. Have you asked this to them? Or where did you find that information.
TXJD2012
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Yes. They aren't answering the phone but you can chat via them via Reddit or leave a message on the ordering line and they call back.

Swede
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TXJD2012 said:

Yes. They aren't answering the phone but you can chat via them via Reddit or leave a message on the ordering line and they call back.



Who is "they"? Curious where this info is coming from since I have one I paid for and I'm still waiting on.
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