Just a short one and a heads-up to the people of Illinois.
One of the things that is concerning about the ATF’s pistol brace + AR == SBR (Which the 5th Circuit has paused), is that if you have one, it is illegal without a tax stamp.
Put better, before you can acquire an SBR, you must get a tax stamp from the ATF. Since the ATF has decreed that a pistol brace on an AR-15 pistol makes it an SBR, you are now in possession of an SBR without a tax stamp.
Being in possession of an SBR without having that tax stamp is a felony. The ATF has kindly allowed you to document, in writing, that you are in possession of an SBR without having a tax stamp, and to request that they issue a tax stamp to you.
There is nothing that stops the ATF from turning around and prosecuting everybody that documented possession of an unregistered and untaxed SBR. I.e., turning you into a convicted felon.
Illinois has done similar with their semi-auto rifle ban. At the moment the governor signed the bill into law, the possession of one of those banned semi-auto rifles was a felony. The law says that if you register your semi-auto rifle, you can keep it and not be a felon.
Thus, you must document, in writing, that you are in possession of a banned semi-auto rifle to the state. The state can then decide to just register your semi-auto rifle, or they could decide to prosecute you for possessing an unregistered semi-auto rifle.
On the good news side of this, there is case law out of Washington State that addressed a similar issue. A bad guy was sent before the judge. The judge signed an order that made it illegal for him to possess firearms. The court then ordered him to turn over all the guns in his possession to the police.
He refused. Because the judge made it illegal for him to possess firearms, he would be incriminating himself if he were to turn those firearms over to the police.
Lots of gun nasty happening out there, but we keep making progress.
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