Explore The NRA Universe Of Websites

APPEARS IN News

ATF Targets Pistol Stabilizing Braces in New Rulemaking

Wednesday, June 9, 2021

ATF Targets Pistol Stabilizing Braces in New Rulemaking

On June 7th, ATF published a new notice of proposed rulemaking on its website entitled Factoring Criteria for Firearms with Attached “Stabilizing Braces”. The proposed rule has not yet been published in the Federal Register, and interested parties will have 90 days to comment on the proposed rule once it is published.

The rule seems aimed at making nearly all configurations of firearms equipped with stabilizing braces subject to the taxation and registration requirements of the National Firearms Act.

Since 2012, ATF has recognized that stabilizing braces serve a legitimate function and the inclusion of a stabilizing brace on pistol or other firearm does not automatically subject that firearm to the provisions of the NFA. That’s because stabilizing braces were first designed and intended to help disabled veterans fire large format pistols.

In the intervening years, ATF has repeatedly confirmed that the inclusion of a stabilizing brace on a firearm does not make that firearm subject to the NFA. While there was a limited time between 2015 and 2017 where ATF claimed that using a stabilizing brace as a shoulder stock could “redesign” the firearm and create an NFA firearm, ATF has never taken the position that the mere inclusion of a stabilizing brace on a firearm makes it an NFA firearm.

Until now.

It should come as no surprise that the most anti-gun administration in American history would bend (and break) the rules to suit their gun control ends. The new proposed rule would make nearly all configurations of firearms with stabilizing braces into NFA firearms.

The proposed rule lays out a points system, similar to the one used for handgun importation, to determine if a given firearm when equipped with a stabilizing brace is and NFA firearm. But, unlike the handgun importation criteria, the new factoring system seems designed to ensure that few, if any, firearms can meet the criteria.

The new factoring criteria are split into three parts. First, the firearm with attached stabilizing brace must weigh at least four pounds and be between 12 and 26 inches long. Assuming the firearm fits in these parameters, then the brace is evaluated for certain features, and finally the entire firearm with brace is evaluated for a different, but similar, set of features. If the firearm receives too many arbitrarily assigned points, then it will be classified as a short-barreled rifle.

While some of the listed criteria might tend to indicate the utility of using a given firearm with a stabilizing brace, many seem entirely arbitrary, and their inclusion is clearly aimed at ensuring that certain stabilizing brace designs that ATF does not like cannot escape classification under the NFA.

For example, ATF apparently considers the physical appearance of a brace, and whether it looks similar (in ATF’s determination) to a known stock design, as an important factor in determining the utility of firing a given firearm from the user’s shoulder. Perhaps even more arbitrary, the ATF will consider how the brace attaches to the host firearm when determining if the firearm is intended to be fired from the shoulder.

Even where the criteria may give some indicia of the intent of the stabilizing brace’s design, such as rear surface area, which could gauge the utility of using the brace to fire from the shoulder, ATF sticks to arbitrarily evaluating the criteria. Rather than an objective rear surface area measurement in square inches, ATF will evaluate the rear surface of a brace to fit into four categories.

Those are:

            “Device incorporates features to prevent use as a shouldering device”

            “Minimized Rear Surface lacking features to discourage shouldering”

            “Rear Surface useful for shouldering the firearm”

            “Material added to increase Rear Surface for shouldering”

It’s unclear how gun owners are supposed to apply such an ill-defined standard, and the proposed rule is full of such problems. The rear surface area criteria also highlight that very little thought was put into many of the criteria. If a pistol stabilizing brace “incorporates features to prevent use as a shouldering device” that should mean that any firearm using that brace is per se not “designed . . . made . . . and intended to be fired from the shoulder.” Any firearm equipped with such a device should not be able to be classified as a short-barreled rifle.

ATF also does not acknowledge that the proposed rule would reverse nearly a decade of ruling that the agency has provided to manufacturers and gun owners. Federal law is very clear that an administrative agency changing its position must “display awareness” of the change and give a “reasoned explanation” for the new position. ATF fails to do either in the proposed rule.

While the government is not yet accepting comments, please check back to www.nraila.org soon for more information on how you can help stop the Biden Administration’s latest executive overreach.

TRENDING NOW
Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

Wednesday, March 12, 2025

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

VPC Recycles Old Campaign Against .50 Caliber Rifles

News  

Monday, March 17, 2025

VPC Recycles Old Campaign Against .50 Caliber Rifles

It’s been some time since we have talked about one of the oldest, most extreme anti-gun organizations, the Violence Policy Center (VPC).  Back in 2022, we noted the organization wanted then-president Joe Biden’s administration to reclassify ...

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

News  

Monday, March 17, 2025

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

Last week brought yet another installment in the ongoing saga of The Washington Post’s (WAPO) pivot toward “individual liberties and free markets” in its opinion section.

North Carolina: Permitless Carry Bill Passes Favorably out of Committee

Wednesday, March 19, 2025

North Carolina: Permitless Carry Bill Passes Favorably out of Committee

This morning, Senate Bill 50, a constitutional carry bill sponsored by Senator Britt and Senator Settle, passed favorably out of the Senate Judiciary Committee with amendments. The bill is now headed to the Senate Rules and ...

Colorado: FOID Bill Passes House Appropriations, More Gun Control In Committee TODAY

Tuesday, March 18, 2025

Colorado: FOID Bill Passes House Appropriations, More Gun Control In Committee TODAY

Last night, the House Appropriations Committee quietly scheduled Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, for a closed hearing at 8am, passing it by a vote of 7-4. Last week, hundreds of Coloradans had signed ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Michigan: Senate Bill 111 Looks to Erode Second Amendment Rights

Tuesday, March 18, 2025

Michigan: Senate Bill 111 Looks to Erode Second Amendment Rights

Today, Senate Bill 111 passed out of the Senate Judiciary Committee and is scheduled for a vote on the Senate floor as early as tomorrow. This bill represents a dangerous overreach that threatens to further ...

Connecticut: Bill to Raise Magazine Restrictions From 10 to 15 Rounds Passes Committee

Tuesday, March 18, 2025

Connecticut: Bill to Raise Magazine Restrictions From 10 to 15 Rounds Passes Committee

On Tuesday, March 18th, the Public Safety and Security Committee favorably passed House Bill 7052, which would raise the magazine restriction limit from 10 rounds to 15 rounds, out of committee. This bill would also allow ...

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.