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Another Week, Another Executive Gun Control Action: BATFE Reverses Prior Position on Pistol "Stabilizing Braces"

Friday, January 16, 2015

Another Week, Another Executive Gun Control Action: BATFE Reverses Prior Position on Pistol "Stabilizing Braces"

Earlier today, BATFE released an Open Letter on the Redesign of “Stabilizing Braces.” This letter articulates BATFE’s official position on the use of pistol stabilizing braces like the Sig Sauer SB15. It concludes that “[a]ny person who intends to use a handgun stabilizing brace as a shoulder stock on a pistol (having a rifled barrel under 16 inches in length or a smooth bore firearm with a barrel under 18 inches in length) must first file an ATF Form 1 and pay the applicable tax because the resulting firearm will be subject to all provisions of the NFA.”

According to the letter, BATFE finds that “[b]ecause the NFA defines both rifle and shotgun to include any “weapon designed or redesigned, made or remade, and intended to be fired from the shoulder,” any person who redesigns a stabilizing brace for use as a shoulder stock makes a NFA firearm when attached to a pistol with a rifled barrel under 16 inches in length or a handgun with a smooth bore under 18 inches in length.”  It’s unclear how simply using a device in a certain way without altering it “redesigns” it, but the letter insists that BATFE “applie[d] the common meaning” of “redesign” in order to reach this conclusion. 

To paraphrase Inigo Montoya, the letter keeps using the word “redesign.” We do not think it means what BATFE thinks it means.

Moreover, this conclusion is the exact opposite of advice that BATFE provided to individuals in private letters, the reasoning of which BATFE is now clearly abandoning.  The new open letter stipulates that “[a]ny individual letters stating otherwise are contrary to the plain language of the NFA, misapply Federal law, and are hereby revoked.”

As with other recent rulings from BATFE, the letter does not seem to acknowledge (and perhaps its authors don’t understand) the full effect of its conclusion that use of a firearm in a particular way without alteration constitutes a “redesign” of that firearm.  The only thing that is clear from the letter is that BATFE considers shouldering any pistol with a stabilizing brace as making a firearm subject to registration and other requirements under the National Firearms Act.

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U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

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Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Gun Law Effective Dates: It’s Not Just What but When that Counts

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Monday, June 16, 2025

Gun Law Effective Dates: It’s Not Just What but When that Counts

The gun owning community is often saddled with a larger responsibility than most in knowing the many laws that govern gun ownership throughout the states.

Intrepid Journalist Tracks Down Truth About “Children” and Firearms, While Public Health Researchers Downplay Inconvenient Realities

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Monday, June 16, 2025

Intrepid Journalist Tracks Down Truth About “Children” and Firearms, While Public Health Researchers Downplay Inconvenient Realities

For decades, gun control advocates and their allies in “public health” have pushed a misleading factoid about children and firearms.

Senate Finance Committee Releases Text of Reconciliation Bill

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Monday, June 16, 2025

Senate Finance Committee Releases Text of Reconciliation Bill

Today, the U.S. Senate Committee on Finance released its portion of the Senate version of the Reconciliation Bill. Late last month, the U.S. House passed a version of the Reconciliation Bill which included Section 2 of the ...

Hogg Gone from DNC

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Monday, June 16, 2025

Hogg Gone from DNC

Gun prohibition activist David Hogg’s time in leadership with the Democratic National Committee (DNC) has come to an end.

Gun-Control Window Dressing: Chicago Inspector-General Calls Out Futility of Gun Offender Registry

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Monday, June 16, 2025

Gun-Control Window Dressing: Chicago Inspector-General Calls Out Futility of Gun Offender Registry

Fifteen years ago, the City of Chicago adopted a “gun offender registry” ordinance that requires convicted gun offenders to register with the police and have police monitor anyone listed in the registry. 

North Carolina: Permitless Carry Bill Headed to Governor Stein

Wednesday, June 11, 2025

North Carolina: Permitless Carry Bill Headed to Governor Stein

Today, the House of Representatives voted 59-48 to pass Senate Bill 50 (S50), Freedom to Carry NC. The bill now heads to Governor Josh Stein for consideration.

New York: Numerous Anti-Gun Bills Still Moving in Final Days of Session

Tuesday, June 10, 2025

New York: Numerous Anti-Gun Bills Still Moving in Final Days of Session

New York lawmakers are tentatively scheduled to end their 2025 Regular Session this week, which means they are feverishly pushing through hundreds of bills at lightning pace with little or no discussion.  Gun owners are ...

California: Anti-Gun Bills Advance in Legislature Ahead of Deadline

Tuesday, June 10, 2025

California: Anti-Gun Bills Advance in Legislature Ahead of Deadline

Friday June 6 marked the deadline for all bills to pass out of the chamber of origin. Below find an update on notable firearm related bills from this session. Legislation that passed the chamber of ...

Minnesota: Removal of Shotgun-Only Hunting Zones Added to Environmental Omnibus Bill

Friday, June 6, 2025

Minnesota: Removal of Shotgun-Only Hunting Zones Added to Environmental Omnibus Bill

This week outside of regular session, the Environment Omnibus bill was agreed upon. This omnibus bill would remove shotgun-only hunting zones in the state. A special session has been scheduled for Monday, June 9th, for the ...

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.