Originally Posted by
Larry Gibson
Sorry, but I have read it. Suggest you do so also. Got table of contents and find Section B. There you will find in the regulation how Form 4999 is to be used;
"B. Application of Proposed ATF Worksheet 4999 Similar to the Factoring Criteria for Weapons, ATF Form 4590 (“Form 4590”), which is used for the importation of pistols and revolvers, the proposed ATF Worksheet 4999 contained a point system assigning a weighted value to various characteristics of the fully assembled firearm, as configured when submitted for classification. Under the proposed worksheet, a firearm accumulating fewer than 4 points in Section II (Accessory Characteristics), and fewer than 4 points in Section III (Configuration of Weapon), would have been generally determined not to be designed to be fired from the shoulder, unless there was evidence that the manufacturer or maker expressly intended to design the weapon to be fired from the shoulder. A firearm accumulating 4 points or more in Section II or Section III would have indicated that not only is the “brace” device more suitable as a shoulder stock but also that the firearm’s overall configuration with the “brace” attached was designed, made, and intended to be fired from the shoulder. See 86 FR at 30828–30.
The proposed Worksheet 4999 assigned point values for the objective design characteristics or features that are common to rifles, features associated with shoulder stocks, and features limiting the ability to use the “stabilizing brace” as an actual “brace.” These point values ranged from 0 to 4 points based upon the degree of the indicator, explained as follows: • 1 point: Minor Indicator (the weapon could be fired from the shoulder) • 2 points: Moderate Indicator (the weapon may be designed and intended to be fired from the shoulder) • 3 points: Strong Indicator (the weapon is likely designed and intended to be fired from the shoulder) • 4 points: Decisive Indicator (the weapon is designed and intended to be fired from the shoulder) The point values associated with particular features or designs were based upon their relative importance in classifying the firearm under Federal law. Therefore, more points were assigned to design features that more strongly indicated the manufacturer or maker’s intent was to produce a shoulder-fired weapon. The various factors on the Worksheet 4999 fell into two categories—Accessory Characteristics and Configuration of the Weapon. The NPRM explained the criteria that would be considered and why they were important in making classifications of firearms with attached “stabilizing braces.” Id. at 30831–34. As stated above, if the total point value of the firearm submitted was equal to or greater than 4—in either Section II (Accessory Characteristics) or III (Configuration of a Weapon)—then the firearm, with the attached “stabilizing brace,” would be determined to be “designed or redesigned, made or remade, and intended to be fired from the shoulder,” or a “rifle” under the GCA and NFA. And, if the attached barrel was also less than 16 inches, the firearm would be classified as a “short-barreled rifle” under the GCA and come under the NFA definition of “firearm.” Section IV of the NPRM provided examples of how the factoring criteria in Worksheet 4999 would be implemented with respect to three weapons with common “stabilizing braces” attached. Id. at 30834–43. Under these examples, the NPRM showed that, in applying the factors of the worksheet: (1) an AR-Type Firearm with SBMini Accessory would be classified as a pistol with an attached “stabilizing brace” because it garnered three points in each of Section II and III; (2) an AR-Type Firearm with SBA3 Accessory would be classified as a “short-barreled rifle” subject to the NFA because it garnered eight points in Section II and five points in Section III; and (3) an AR-Type Firearm with Shockwave Blade Accessory as configured would also be classified as a short-barreled rifle subject to the NFA because it garnered five points in Section II and 14 points in Section III.
That is what is in the regulation. Can you provide ATFs statement that the Form 4999 will not be used?