ATF Proposed Rule on “Pistol Braces” Would Reclassify Many Pistols as SBR’s
June 8, 2021
The ATF is once again considering new rules regarding the use of stabilizing braces on firearms. On June 7, 2021, U.S. Attorney General Merrick Garland signed ATF proposed rule 2021R-08, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is “intended to be fired from the shoulder.”
The proposed rule outlines what the ATF considers a pistol or short-barreled rifle (SBR) when a firearm is equipped with a brace. It also put forth a worksheet to “aid the firearms industry and public in understanding the criteria that ATF considers when evaluating firearms with an attached stabilizing brace.” With the new rule, some pistol brace-equipped firearms could be subject to the National Firearms Act (NFA).
According to the U.S. Justice Department, this proposal helps “address the continuing epidemic of gun violence affecting communities across the country.” It also labels SBR’s as “dangerous and easily concealable weapons.”
However, the ATF was quick to point out that they don’t intend to target stabilizing braces that are used by people with disabilities. With that in mind, the proposed ruling can begin to make sense. Let’s break it down point by point.
Understanding the Ruling
When the first “pistol brace” was submitted to the ATF in 2012, it was explained that the intent of the brace was to facilitate the one-handed firing of the AR-15 pistol for those with limited strength or mobility due to a disability and to reduce bruising to the forearm when firing with one hand. From the beginning, braces were pitched to the ATF as devices to help people still be able to enjoy shooting when they otherwise would be unable to do so without assistance.
From there, pistol braces evolved into a way to have an AR pistol that was not an SBR but had a pseudo stock. More companies started making “stabilizing braces” that were not designed to be braces as per the original intent. Since 2013, the ATF has grappled with this outcome and issued numerous, often confusing rules that have left gun owners wondering whether they are in line with the law or not. This is the ATF’s latest action to remove braces that do not act as braces.
In the proposed rule, the ATF points out that they do not classify unregulated components or accessories under the Gun Control Act (GCA) or NFA. However, we just need to look at bump stocks to see this isn’t always the case. The ATF states that when certain accessories are attached to a firearm, it can change the classification of the firearm because it changes the maker’s intent.
To determine what is an NFA firearm and what is not, the ATF has developed “Worksheet 4999” that assigns a point value to the brace-equipped firearm. If a firearm receives four points on either section of the worksheet, then it is subject to the NFA and is an SBR.
Before we look at the worksheet, there are some firearms that are automatically considered SBR’s if they have a brace equipped:
- Firearms that weigh less than 64 ounces without a loaded magazine
- Firearms that have an overall length below 12 inches or above 26 inches
- “Pistol grip shotguns,” e.g., Mossberg Shockwave, Remington Tac-14
If a firearm does not meet the qualifications above, then it is an SBR and you do not even need to bother looking at the worksheet. So, the braces for Glocks and other handguns would transform your handgun into an SBR. Additionally, most ARs with an 11-inch barrel or longer would be an SBR.
ATF’s reasoning is that you do not need a brace to fire a light firearm one-handed and if the firearm is longer than 26 inches you cannot fire it accurately. So, they are defining the needs of the end-user.
It should also be pointed out that this proposed ruling does not affect pistols without a “stabilizing brace.”
Worksheet 4999
Below are some examples from the ATF:
Analysis
“Today’s proposed rulemaking on pistol-braced firearms represents a gross abuse of executive authority,” said Aidan Johnston, Director of Federal Affairs for Gun Owners of America. “Millions of otherwise law-abiding gun owners now will be forced to destroy, register, or surrender their lawfully-acquired pistol-braced firearms.”
We could not agree with this statement more. Most pistol brace-equipped firearms on the market or in civilian hands would become illegal overnight and make the owner a felon. The ATF estimates that over 3 million braces are in circulation. There is no way that every owner of a stabilizing brace could be made aware of these changes.
We urge you to take the time and submit a comment to stop this reckless proposal that endangers law-abiding gun owners. You have until September 5th, 2021 to submit a comment.
You may submit comments, identified by docket number ATF 2021R08, by any of the following methods—
- Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
- Mail: Denise Brown, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington DC 20226; ATTN: ATF 2021R08.
- Fax: (202) 648-9741. Instructions: All submissions received should include the agency name and docket number (ATF 2021R-08) for this notice of proposed rulemaking. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.
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