Explore The NRA Universe Of Websites

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

As we explained at the time, the ATF took the position in that letter that merely affixing the stabilizing brace to a pistol did not constitute the “making” of an NFA firearm. Firing the braced pistol from the shoulder, however, was held to constitute a “redesign” of the firearm that brought it under the jurisdiction of the National Firearms Act (NFA), with all the additional regulations that classification entails.

This directly contradicted earlier advice the ATF had provided, in which the agency stated, “firing a pistol from the shoulder would not cause the pistol to be reclassified as an SBR.” Nor, advised the ATF in the earlier guidance, would using a stability brace improperly as a shoulder stock “change the classification of the weapon per federal law.”

ATF’s latest guidance on the matter was provided in response to a request by stabilizing brace manufacturer SB Tactical to reconsider the position taken in the Jan. 6, 2015 Open Letter. It was not issued as an open letter, rather as a direct response to SB Tactical’s outside counsel from ATF’s Assistant Director of Enforcement Programs and Services, Marvin G. Richardson.

The letter – dated March 21, 2017 – appears aimed at reconciling ATF’s past positions. It notes that the NFA defines a regulated firearm to include “a rifle having a barrel or barrels of less than 16 inches in length.” The law further defines a “rifle” as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder … .” In general, the letter indicates, “a pistol with a barrel less than 16 in length and an attached shoulder stock is an NFA ‘firearm.’”

The new letter maintains the position that “the use of stabilizing braces, as designed, would not create a short-barreled rifle when attached to a firearm.”

But it then goes on to clarify that “an NFA firearm has not necessarily been made … even if the attached firearm happens to be fired from the shoulder.”

Rather, the ATF will employ “both objective and subjective analyses” to determine the legal significance of the attachment of a brace to a pistol and its subsequent use as a shoulder stock.

In particular:

If … the shooter/possessor takes affirmative steps to configure the devise for use as a shoulder stock— for example, configuring the brace so as to permanently affix it to the end of a buffer tube, (thereby creating a length that has no other purpose than to facilitate its use as a stock), removing the arm-strap, or otherwise undermining its ability to be used as a brace – and then in fact shoots the firearm from the shoulder using the accessory as a shoulder stock, that person has objectively ‘redesigned’ the firearm for purposes of the NFA.

Yet the letter goes on to state:

To the extent the January 2015 Open Letter implied or has been construed to hold that incidental, sporadic, or situational ‘use’ of an arm-brace (in its original approved configuration) equipped firearm from a firing position at or near the shoulder was sufficient to constitute ‘redesign,’ such interpretations are incorrect and not consistent with ATF’s interpretation of the statute or the manner in which it has historically been enforced.

The practical upshot of ATF’s clarification obviously leaves some room for interpretation.

What seems clear, however, is that attaching a stabilizing brace to a pistol expressly to create an SBR to fire from the shoulder – particularly when it involves alterations or processes that would undermine the use of the brace for its intended purpose of facilitating one-handed pistol fire – creates an NFA firearm.

On the other hand, ATF no longer takes the clearly untenable position that any shouldering of a braced pistol automatically constitutes the regulated “making” of an NFA firearm.

This is good news for manufacturers and the gun-buying public alike and is a hopeful sign that commonsense and reason – rather than Obama-era antigun politics– will again be the watchwords for ATF’s enforcement of federal firearms laws.

TRENDING NOW
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

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.