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ATF Comments on a 88-day automatic denial of pistol brace tax stamps

Talyn

SAINT
Founding Member
Gun Owners of America’s (GOA) attorney Stephen Stamboulieh claimed that if a NICS check is not completed within 88 days, then the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will automatically reject a Form 1 application. Mr. Stamboulieh claimed that an ATF employee at SHOT Show told him if that happened, the ATF would take enforcement action.

So it looks like ATF can sit on processing a Form 1 and then reject it, and send in the LEOs.

 
Gun Owners of America’s (GOA) attorney Stephen Stamboulieh claimed that if a NICS check is not completed within 88 days, then the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will automatically reject a Form 1 application. Mr. Stamboulieh claimed that an ATF employee at SHOT Show told him if that happened, the ATF would take enforcement action.

So it looks like ATF can sit on processing a Form 1 and then reject it, and send in the LEOs.

Like I said in another post, you can’t trust anything this administration says or does!
 
So the same thing happens now with form 1 and 4‘s after a certain time if the FBI can not conclude the background. They leave it open. Which means that you have to resubmit, after you fix whats the issue. Most of the time there is “something“ in the background that needs to be resolved. Could be a simple as a local court or PD never closed a case.
 
So the same thing happens now with form 1 and 4‘s after a certain time if the FBI can not conclude the background. They leave it open. Which means that you have to resubmit, after you fix whats the issue. Most of the time there is “something“ in the background that needs to be resolved. Could be a simple as a local court or PD never closed a case.
This is correct. Other things like a common name like Smith and they can’t track you down among the millions of other Smiths. Or a misspelling of your name. Apparently, not being able to get a NICS check done in 88 days is very rare.
 
Question:
Why wouldn't you just take the brace off and put it in the closet and stay as a pistol. The brace is not illegal, you just can't have it on the unit. I would think that there will be court action on this before long and this problem could be fixed.

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This is correct. Other things like a common name like Smith and they can’t track you down among the millions of other Smiths. Or a misspelling of your name. Apparently, not being able to get a NICS check done in 88 days is very rare.
I mentioned this in a post in a previous thread on the subject of NICS background checks.
I started buying my handguns at an Academy store in Texas, at one visit I had picked out a gun and was waiting for a check to be completed on a guy and his came back denied/delayed
Well he flipped out and started yelling and throwing stuff around and the police were called, after he was dragged out kicking and screaming I asked the counter guy if he could tell me why he was denied? He said he couldn’t go into detail but that most denials or delays were because of common names like
Smith, Franklin and Jones and that most if not all are cleared up in a couple days.

Of course that was about 7 years ago before the big sales increase.

I’m guessing that guy in the store that day never got his gun. 😂
 
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