ATF Pistol Brace Ban Full Training

On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces” amending ATF’s regulations to clarify when a rifle is “designed, redesigned, made or remade, and intended to be fired from the shoulder.”

This includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”), that provides surface area that allows the weapon to be fired from the shoulder, provided other factors (as described in the rule) indicate the weapon is designed, made, and intended to be fired from the shoulder.

The final rule is effective on January 31st 2023.

ATF hosted a virtual training directed at FFLs to assist us better understanding the final rule. 

This is that training.

On November 8, 2012, an FFL submitted the first “stabilizing brace” prototype to ATF, which was a brace that attaches to a heavy AR-type pistol. The brace would wrestle on the forearm, and it could be fastened with a strap. 

According to the submitter, the purpose of the brace at the time was to provide security for a disabled shooter or anyone else who did not have the physical strength to accurately shoot a heavy pistol. The submission was to determine whether the device attached to a gun would change the firearm classification from pistol to something else under federal law. 

Based on the information provided, ATF inspected the “brace” device and found that that prototype, when attached to a firearm, did not result in a firearm designed or intended to be fired from the shoulder. Since then, the firearms industry has been flooded with so-called “stabilizing braces” that no longer resemble their original prototype. 

Most of them have been marketed and sold as shouldering devices when attached to a firearm. 

What Has Changed

According to the final rules, the amended definition of the term “rifle” now provides that a weapon equipped with an accessory component or other real word attachment, giving a surface area for shouldering the weapon, will meet the definition of a rifle. However, there are relevant factors in the final rule that must be considered.

The final rule clarifies that firearms with attachments that provide surface area for shouldering indicate that they are “designed, made, and intended to be fired from the shoulder.”

Final Rule Effective Dates  

The Attorney General signed the Final rule on January 13, 2023, and it was officially published in the Federal Register on January 31, which starts the 120-day countdown for all compliance obligations set out in the final rule. 

The deadline to comply with this final rule’s statutory requirements is May 31, 2023.

Implications on classifications

Now that the definition of a rifle includes stabilizing braces, all previous classifications are superseded and considered null and void as of January 31, 2023. 

Firearms containing such attachments can be submitted to ATF for reclassification. Other alternatives are available for anyone who wish to avoid going through the NFA registration process, which is discussed later in this article.

Revised Regulatory Definition of Riffle

This can be found in both 27 CFR 478.11 and 27 CFR 479.11, which both defined the word rifle as:

1. For this definition, the term “designed or redesigned, made or remade and intended to be fired from the shoulder” shall encompass a firearm that is fixed with an accessory component or other rear attachment, such as a stabilizing brace that offers a surface area for the weapon to be fired from the shoulder. 
2. “When a weapon provides a surface area that allows the gun to be fired from the shoulder, the following factors shall also be considered in determining whether the weapon is designed, made, and intended to be fired from the shoulder.”

• Whether the weapon’s length or weight is consistent with those of similar design rifles
•  “Whether the weapon has a length of pull measure from the center of the trigger to the center of the shoulder stock or other railroads accessory, component, or attachment (including an adjustable or telescopic attachment with the ability to lock into various positions along a buffer tube, receiver extension or other attachment methods) that is consistent with similar design rifles.”
• Whether the firearm is fitted with sights or scope without relief that necessitates the weapon to be fired from the shoulder to fulfill its design use. 
• “Whether the surface area that allows the weapon to be fired from the shoulder is created by buffer tubes, receiver extension, or any other accessory component or other rearward attachment that is necessary for the cycle of operations.” 
• The manufacturer’s direct and indirect marketing and promotional materials indicate the weapon’s intended use.
• Information showing the probable use of the weapon by the general public

Options for the affected

The affected parties include;

• The unlicensed possessors, which includes individuals; 
• Federal Firearms Licensees (FFLs) not qualified under the NFA as manufacturers or importers;
• FFLs qualified under the NFA as importers or manufacturers;
• Certain government entities. 

Tax Forbearance

The department is offering a tax forbearance for persons currently possessing a stabilizing brace making the firearm an SBR as follows;

• Individuals, FFLs, and FFL/SOT dealers not qualified as importers or manufacturers under the NFA have until May 31, 2023, to submit an E-form 1 if you have one of these in inventory. 
• If you are classified as an importer or manufacturer under the NFA, you must also submit an E-form 2 before May 31, 2023. 

E-Form 2 does not have a tax payment, as it is a notification. And once these firms are registered, all applicable transfers will require a tax payment. 

Options for possessors

All possessors of pistols with “stabilizing braces” will have the following options:

• To replace the short barrel with a 16-inch barrel. But remember that it must also meet the 26-inch overall length of a rifle under the GCA. 
• They may permanently remove the stabilizing brace.
• They may return the firearm to their local ATF office. 
• They can destroy the firearm or;
• They can register the weapon depending on the possessor’s category.

Registration For Individuals (Non-licensees)

They may submit the E-Form 1 before May 31, 2023. 

They must already possess the firearms with the stabilizing brace before January 31.

They will not be required to pay the $200 tax, and they may adopt the markings on the firearm. If the gun is not marked, they must comply with 478.92 or 470.102. 

Registration For FFLs

FFLs that are not licensed as importers or manufacturers under the NFA may also fill out the E-Form 1 for any inventory before May 31, 2023. Again, this is for firearms in stock before January 31.

They will not be required to pay the $200 making tax. 

They may also adopt the markings on the firearm if it is marked, and if it is not marked, they must comply with 478.92 or 479.102.

If you wish to continue to deal in SBRs with stabilizing braces, meaning that you want to continue to obtain these into your inventory and sell them, you would need to pay the SMT tax as an NFA dealer. 

However, if you only want to sell the items that you currently have in inventory that you are registering, you will not need to obtain the tax to get rid of the stock you currently have on hand. 

Registration For FFLs or Importers/Manufacturers SOT 

Again, this is a notification, so there’s no tax required for this.

They have until May 31 to submit the E-form 2 for all firearms if you have an inventory of stabilizing braces. 

To transfer after January 31, 2023, the SBR must be registered in the NFRTR, and all future transfers would go on to Form 3 or Form 4 for tax paid. 

Registration For Government Entities

Government entities, when they have in their possession either making or what they’ve taken off the streets, may complete Form 10, but they are limited to transfer to other government entities only. 

However, they can complete Form 1 and transfer to non-government entities. 

They have until May 31, 2023, to submit anything in inventory as of January 31, And they will not be required to pay the making tax.

 New Purchases and Transfers

Transfers after January 31 must first be registered under the NFRTR with a submitted and approved Form 4. 

And anybody that makes one later than January 31 will be required to complete the NFA Form 1 as a tax-paid transfer. 

ATF Resources

ATF Website: “Factoring Criteria For Firearms with Attached Stabilizing Braces” https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces

ATF e-regulations https://regulations.atf.gov/

ATF eForms: Applications – eForms https://eforms.atf.gov/

For questions, you can send them to FIPB@atf.gov. 

If you have questions on the rulemaking process, you can contact the ORA@atf.gov 

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