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
U.K. Moves to Legally De-suppress Suppressors

News  

Monday, July 14, 2025

U.K. Moves to Legally De-suppress Suppressors

On July 4th, President Donald Trump signed into law his “One Big Beautiful Bill,” which included a provision that eliminated the tax stamp fee of $200, but did not deregulate suppressors under the National Firearms ...

Baltimore Gets Serious on Crime Control, and the Results Speak for Themselves

News  

Monday, July 14, 2025

Baltimore Gets Serious on Crime Control, and the Results Speak for Themselves

As the mid-year mark of 2025 hits, a promising report on crime trends has come out of the City of Baltimore. Surprising news at first glance until you dig deeper into the policy direction the ...

House Annual Appropriations Process Update

News  

Monday, July 14, 2025

House Annual Appropriations Process Update

As the House Appropriations Committee is putting together legislation to fund the government, NRA-ILA has worked closely with policy makers to ensure several long-standing priorities for gun owners were included in the underlying bills.

President Trump Supports Hunting and Resource Protection with Executive Actions

News  

Monday, July 14, 2025

President Trump Supports Hunting and Resource Protection with Executive Actions

Just as the United States was preparing to celebrate 249 beautiful years, President Donald Trump signed an Executive Order on July 3rd establishing the “Make America Beautiful Again" Commission supporting hunters, outdoorsmen, and outdoor recreationists by prioritizing the ...

Legacy Media Finally Acknowledges Politization of Public Health

News  

Monday, July 14, 2025

Legacy Media Finally Acknowledges Politization of Public Health

It appears the editors of The Atlantic are finally willing to entertain an idea that has long been obvious to gun rights supporters.

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

News  

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).

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

NRA-ILA July 2025 Litigation Update

In the second quarter of 2025, the National Rifle Association filed two cert petitions in the U.S. Supreme Court and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

NRA and 2A Allies Announce NFA Lawsuit

Monday, July 7, 2025

NRA and 2A Allies Announce NFA Lawsuit

Following the passage of the “One Big Beautiful Bill”—which eliminates the National Firearms Act of 1934’s (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs—the National Rifle Association issued a joint statement along with the ...

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.