Brace Yourself: Panic Peddlers Proven Wrong - 922(r) Pistol Destruction, 88 Days to Felony

Published on January 25, 2023
Duration: 16:55

This video debunks common misinformation surrounding the ATF's brace rule, specifically addressing claims about 922r violations and an 88-day felony trap. The speaker, identifying as a firearms instructor, clarifies that 922r applies to firearm assembly, not mere possession, and that the 88-day period relates to background check processing, not automatic felony status. The content emphasizes focusing on actual government actions rather than manufactured panic.

Quick Summary

The ATF's brace rule does not make imported pistols with braces a 922r violation, as 922r applies to firearm assembly, not possession. The 88-day period relates to background check processing delays, not automatic felony status, and information from NFA forms is protected from self-incrimination under 26 USC 5848.

Chapters

  1. 00:00Introduction: Brace Rule Misinformation
  2. 00:37Two Categories of Misinformation
  3. 00:49Focus on 922r
  4. 01:00The 922r Brace Rule Claim
  5. 02:00Frack Action's Interpretation
  6. 03:01Debunking the 922r Claim
  7. 03:33Where is 922r in the Document?
  8. 04:16922r Applies to Assembly, Not Possession
  9. 05:00Brace Rule Crux: Existing Firearms
  10. 05:14Reading the Document: Cost Analysis
  11. 06:12Misinterpreting Form 1
  12. 06:40ATF's Stance on Existing Guns
  13. 07:06The 88-Day Felony Trap Claim
  14. 07:36Origin of the 88-Day Claim
  15. 08:50Unpacking the 88-Day Confusion
  16. 09:0388 Days: Background Check, Not Submission
  17. 09:34ATF Policy on Open Background Checks
  18. 09:43Theory: Denied Form 1 = Felony
  19. 10:29The Flood of Calls
  20. 10:56Who Gets Stuck in Open NICS Checks?
  21. 11:40ATF Slamming Doors? Haynes v. United States
  22. 12:1326 USC 5848: Protection Against Self-Incrimination
  23. 13:08Unreasonable Assertations
  24. 13:38Summary: 922r and 88-Day Concerns
  25. 14:18Conclusion: Combating Misinformation
  26. 15:27Call to Action: West Coast Brace Rule

Frequently Asked Questions

Does the ATF's brace rule automatically make imported pistols with braces a 922r violation?

No, the ATF's final rule on stabilizing braces does not retroactively make imported pistols with braces violations of 922r. The discussion of 922r in the rule is limited to cost estimates for regulatory impact analysis and does not impose new compliance requirements on existing firearms.

What is the significance of the 88-day period mentioned in relation to ATF forms?

The 88-day period is not a deadline for form approval but refers to the maximum time a background check can remain inconclusive. ATF policy dictates that if a background check remains open for over 88 days, the NFA application is denied, but this does not automatically make the applicant a felon.

Can information provided on an ATF Form 1 be used against me if my application is denied?

No, 26 USC 5848, part of the NFA, protects individuals from self-incrimination. Information submitted on NFA applications, including Form 1s, cannot be used as evidence against you for prior or concurrent law violations, except for providing false information on the form itself.

Is possessing a firearm assembled with imported parts a violation of 922r?

Section 922r applies to the assembly of firearms, specifically limiting the number of imported parts in certain configurations. Mere possession of a firearm made from imported parts is not a violation of 922r, and there are no consequences for simply possessing such a firearm.

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