Explore The NRA Universe Of Websites

APPEARS IN News Gun Laws

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.

TRENDING NOW
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

News  

Tuesday, March 19, 2024

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

Last week we reported on a major breakthrough on behalf of veterans who risked losing their Second Amendment rights because of a long-running scheme by the Department of Veterans Affairs (VA) to report certain beneficiaries ...

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Thursday, March 21, 2024

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Today, the House is scheduled to vote on HB24-1292, the ban on semi-automatic firearms. Please contact your legislators today by using the button below and urge them to OPPOSE HB24-1292!

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.