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UPDATE: Final Rule 2021R-80F

by National Gun Trusts

ATF Resumes Processing Pending Amnesty ATF Form 1 Applications for Pistol Braces and SBRs


During the legal challenge that the ATF’s pistol brace rule, a lot of ATF Form 1 amnesty applications were put on hold, leaving them stuck in the limbo “pending” status.  The ATF announced that they will resume processing the ATF Form 1 amnesty applications.  

What this means for you:

• Want your application processed? You don’t need to do anything, the ATF will handle it automatically.

• Don’t want it processed? You must cancel your application either on the ATF website or by emailing them directly.

Interestingly, the ATF’s own message suggests they recognize that some applicants used Form 1 to convert pistols into short-barreled rifles (SBRs) by adding a stock. Reports indicate that those SBRs may have been allowed to remain without requiring engraving.  See the full email contents below.

Information to Pending NFA Forbearance Applicants Submitted Pursuant to Final Rule 2021R-081F

On January 13, 2023, the Attorney General signed ATF Final Rule 2021 R-08F, "Factoring Criteria for Firearms with Attached 'Stabilizing Braces."' Those possessing firearms with a stabilizing brace that were classified as short-barreled rifles under the Final Rule had until May 31, 2023, to file an ATF Form 1 application to register the firearm in the National Firearms Registry and Transfer Record (NFRTR), or to take other action. The NFA Division processed most of the ATF Form 1 applications it received but stopped when required to do so pursuant to Federal court orders. Ultimately, due to challenges under the Administrative Procedure Act, Final Rule 2021 R-08F was set aside nationwide and has not been enforced. 

Even though it was set aside, individuals who filed an ATF Form 1 application pursuant to Final Rule 2021 R-08F may desire that the NFA Division process their application and effect registration in the NFRTR. This may be the case for numerous reasons, including that firearms with stabilizing braces are regulated under State law and registration in the NFRTR provides an affirmative defense to unlawful possession of that firearm. Other individuals may have installed a regular shoulder stock, anticipating that their firearms would be registered. Consequently, ATF will begin processing the remaining applications beginning Wednesday November 12, 2025, unless those who submitted the ATF Form 1 applications provide notice to ATF that they do not want their applications processed.

For those who want their firearms to be registered: No further action is required by you. ATF will process your pending application. 

For those who do not want their firearms to be registered: Those who filed the ATF From 1 application via eForms should log into the system and withdraw the application. Those who filed a paper application should notify ATF that they wish to withdraw that application by sending an email, including applicant name, firearm description and serial number, to mailto:SBF1Question@atf.g.QY stating that the application is withdrawn. Any action to withdraw an application must be completed by Monday November 10, 2025. 

UPDATE: Final Rule 2021R-80F

Source:  ATF eForms - Final Rule 2021R-081F, 20 Oct. 2025. "Information to Pending NFA Forbearance Applicants Submitted Pursuant to Final Rule 2021 R-08F".  Image Source: u/Alex_Cuckinstien via Reddit.

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