Best LIVE Ammo Deals Online >>>
We review products independently. When you buy through links on our site, we may earn a commission to help support our testing. Learn more.

Pistol Braces & The ATF: What You Need to Know [UPDATED]

Best AR-15 & AK Pistol Braces
We’re diving into the long-standing beef between pistol braces and the ATF to get you spun up on all the info you need to know.
We review products independently. When you buy through links on our site, we may earn a commission to help support our testing. Learn more.
JUMP TO SECTION Jump To:

    Heard about the ATF taking on pistol braces but feel a little lost as to what’s going on?

    With the sides battling on and off for years, it can be easy to feel overwhelmed and confused as to what’s legal and where the ATF actually stands on braces. 

    Faxon Ion Pistol Brace
    Faxon Ion Pistol Brace

    Well, instead of making you scour the internet, we made things easy with a top-to-bottom look at pistol braces and the ATF.

    We’ve pulled all the essential info together to walk you through the brace’s humble beginnings, how AR pistols got involved, and the long-standing feud with the ATF over what you can (and can’t do) with a brace.

    Buckle up. It’s going to be a bumpy ride.

    So Much Drama

    Table of Contents

    Loading…

    Disclaimer: We are not lawyers, and this is not legal advice. Always consult an attorney when it comes to firearms regulations and local/state laws.

    FAQ: Explaining the Final Ruling on Stabilizing Braces [2023]

    Update: The Final Rule is now in effect. The FPC, SAF, and GOA secured injunctions on their cases for some of their members. You can read more about that in the lawsuits section below.

    On January 13, 2023, the ATF officially declared its stance on braces publishing new criteria regarding stabilizing braces. 

    SB Tactical FS1913 Folding Brace
    All this over a little accessory.

    Final Rule 2023R-08F clarified that a rifle is a firearm with a barrel measuring 16 inches or more that is designed to be fired from the shoulder — that includes any accessory, component, or rearward attachment that “provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.”

    TLDR: if the rifle’s barrel is under 16 inches and it wears a brace, it’s an SBR under the new guidelines. 

    ATF says size matters…

    If you feel like reading through 300 pages of the ATF’s argument…check out the ruling here.

    On January 31, 2023, the Final Rule for Stabilizing Braces was published, meaning that possessors of rifles or pistols with these devices have 120 days to register them.

    There’s been a lot of confusion regarding the rule and what it means for gun owners, so we thought a quick Q&A might help you navigate those.

    Insert sad face emoji here

    Q: Do I have to register my braced firearm as an SBR under the new rule?

    A: Depends…if it’s got a barrel over 16 inches and the overall length of the firearm is at least 26 inches, it does not fall under the NFA and therefore doesn’t have to be registered.

    But, if you have a braced AR pistol with a barrel under 16 inches and an overall length less than 26 inches, it now qualifies as an SBR. You have a few options at that point:

    • Permanently remove and dispose of or alter the brace so that it can’t be reattached
    • Add a barrel longer than 16 inches
    • Use an e-Form 1 or paper Form 1 to register it as an SBR
    • Turn it in to your local ATF office
    • Destroy the firearm

    The ATF clarified that it does not regulate accessories so braces can still be sold separately as accessories…but braces cannot be sold on a firearm with a barrel under 16 inches without the proper NFA paperwork and transfer process.

    AKV triangle brace
    AKV triangle brace

    Q: If I register, how long do I have, do I have to pay the $200 tax, and does the gun need to be marked?

    A: The Final Rule was published on Jan. 31, 2023, so owners have 120 days to register them – making the deadline May 31, 2023.

    The ATF is waiving the $200 tax for pistols and rifles with braces for applications received between Jan. 31 and May 31. If you register after May 31, you will be subject to the $200 tax. There is no limit on the number of firearms you can register.

    ATF Tax Stamp
    ATF Tax Stamp

    Also, if you own a lower receiver with a factory-installed brace, you will have to pay the $200, as the exemption is only applicable to already completed firearms.

    Traditionally, if you make an SBR, you must mark it, but the ATF says that no additional marking is required so long as the gun is already stamped with the manufacturer’s information.  

    Q: What’s the process time?

    A: The ATF said it’s adding “additional internal resources” to handle the influx of e-forms and that forms that fall under the Final Rule will be processed separately from suppressors and other e-forms.

    Suppressor ATF Stamp
    Suppressors will be in a different queue…

    That said, the Bureau was not able to give any estimate on how long the wait for approval will be. So, you’re guess is as good as ours.

    Q: I just ordered a braced firearm, and it’s in transit…what do I do?

    A: FFLs expecting a braced firearm have been advised to refuse the package or call their local ATF agent and turn the package in.

    Consumers will not be able to take possession of a braced firearm as of Jan. 31, 2023. The ATF has advised that FFLs can remove the brace and transfer firearms without those. Alternatively, the customer can file an e-Form 1 or paper Form 1 in order to get the braced firearm.  

    Q: I’m disabled, can I own a braced firearm without registering?

    A: Short answer, no. The ATF says there are no exceptions for disabilities in the NFA. So disabled shooters will have to bring the firearm into compliance just like everyone else.

     Q: I live in a state that has an SBR ban…so what now?

    A: The ATF refuses to comment on state laws and suggests you speak to the attorney general of your state for next steps. That said, if you submit any Form 1 in a state with an SBR ban, the application will be denied by the ATF.

    .300 BLK AR-15 Pistol, 9-Inch Ballistic Advantage
    .300 BLK AR-15 Pistol, 9-Inch Ballistic Advantage

    Q: Does a buffer tube count as a brace?

    A: The ATF clarified that a buffer tube is necessary to the operation of the firearm; therefore, it does not count as a brace.

    Q: Can gunsmiths work on braced firearms?

    A: Firearms that are braced and meet the ATF regulations as an SBR cannot be transferred to a gunsmith for work until the firearm is brought into compliance through removal of the brace or approved registration with the ATF.

    Once it is brought into compliance, gunsmiths can work on the firearm.

    The ATF has published an FAQ section on their site devoted to this ruling, and we encourage you check that out for more info!

    Latest Updates & Lawsuits

    June 2024

    The ban on pistol braces was dealt a major blow in June after a federal judge vacated the ATF’s Final Rule.

    In a 12-page decision, Texas Judge Reed O’Connor ruled that the ATF overstepped when making the Final Rule. Calling the rule “arbitrary and capricious,” O’Connor prevented the Bureau from enforcing it.

    Though the ruling will likely be appealed, and could head to the Supreme Court, the judge’s opinion marks a huge win in the case — setting up for a broader win in the future.

    November 2023

    A federal judge issued a nationwide injunction on the ATF’s rule, siding with the plaintiffs in Britto v. ATF.

    In a court order issued on November 8, 2023, Judge Matthew Kacsmaryk ruled that the ATF’s argument that the regulation is of “important interest” doesn’t ultimately justify the Final Rule. 

    PSA 7.5 AR-15 Pistol with SB Tactical Brace
    PSA 7.5 AR-15 Pistol with SB Tactical Brace

    The order would prevent the ATF from enforcing the rule. The decision impacts millions of brace owners who feared enforcement from the ATF. 

    This order is the first nationwide injunction blocking the ATF from enforcing the brace rule. 

    At the time of this update, the Department of Justice had not responded or commented. 

    Available Coupons

    May 2023

    As of May 2023, the FPC, Gun Owners of America, and Second Amendment Foundation all secured injunctions which extended to the members of each organization.

    Unfortunately, even that set of injunctions is vague.

    SBPDW Brace, Shortened

    At this point, according to Armed Attorneys on YouTube, it looks like the injunction is not nationwide and only applies to those in the Fifth Circuit’s area — Texas, Louisiana, and Mississippi.

    And, at least in the case of the FPC litigation, the injunction may apply to gun owners who were members prior to or on the day the lawsuit was initiated….but again, interpretations vary.

    Regardless, SAF, FPC, and GOA say they are all committed to the fight against the brace ban.

    “This is a significant win,” SAF founder and Executive Vice President Alan M. Gottlieb said in a press release.

    8. Grand Power Stribog SP9A3S
    Grand Power Stribog SP9A3S

    “When Joe Biden took office, he immediately began weaponizing the ATF, and this new pistol brace rule is a result of that strategy. It amounts to a dramatic shift in policy, and leads us to conclude the administration is moving to change the definition of pistols fitted with these braces to be ‘rifles,’ and thus subject to the National Firearms Act. In the process, they’re turning millions of law-abiding citizens into criminals. We can’t allow that without a fight.”

    Firearms Policy Coalition was among the first to launch the attack against the Ruling, challenging that the ATF does not have the authority to write new laws.

    A similar argument was recently used to overturn the Trump-era bumpstock ban.

    BT APC9 Pro SB Tactical Brace
    BT APC9 Pro SB Tactical Brace

    What is a Pistol Brace?

    Before we dive into the nitty-gritty, let’s take a look at braces and get a solid understanding of what they are and how they differ from a buttstock.

    A pistol brace, also known as a stabilizing brace, is an accessory that attaches to the rear of the gun and allows the firearm to be fired one-handed.

    A pistol brace on the end of a Springfield Saint.

    It basically slips around the forearm of the shooter and, using Velcro, secures to the arm. The goal is to stabilize the gun as you’re firing.

    It gained steam, especially among disabled shooters, because it allowed them to control and fire AR and AK carbines safely.

    Using the Roni brace
    A Micro Roni with brace. Note how the brace fits on the forearm.

    In fact, the inventor of the brace, SB Tactical’s Alex Bosco, came up with the idea in 2012 after shooting at a range with a disabled combat veteran and witnessing the struggles disabled shooters face.

    Despite a certain cool factor, braces actually help gun owners who struggle using full-length, shouldered rifles enjoy AR-style firearms comfortably.

    Brace vs. Buttstock

    What makes a brace different from a buttstock?

    The critical element comes down to how a brace and buttstock are used.

    A buttstock fits against the shoulder, allowing for better management of the rifle’s recoil. But it is not secured to the shooter in any way.

    BCM Gunfighter Stock on Recce-16
    A buttstock rests against the shooter’s shoulder.

    As we mentioned earlier, a pistol brace uses Velcro to attach to the shooter’s forearm.

    It provides stability while firing the AR pistol.

    Using the Recover Tactical 20/20 brace
    Using the Recover Tactical 20/20 brace.

    Pistol braces have opened up a world of accessories and options to gun owners who need a way to stabilize the AR pistol but don’t have the means or want to add a buttstock (or pay for the SBR classification…more on that in a minute.)

    Understanding AR Pistols and SBRs

    Again, before heading into the tangled legal battles surrounding the ATF and braces, we need to make a pit stop and discuss AR pistols.

    Let’s face it, braces and AR pistols go together like PB&J.

    So, we can’t talk about one without spending a little time diving into the other.

    Three AR-Pistols
    Three AR-Pistols

    AR Pistols

    Put simply, an AR pistol is an AR-style firearm shrunk down to meet the ATF’s definition of a pistol.

    Thanks to a bit of vagueness on the Gun Control Act’s part, AR pistols are able to occupy a weird space between pistols and short-barreled rifles.

    As long as the firearm measures less than 26 inches in overall length and features a barrel length of 16 inches or less AND does not come with a buttstock or vertical foregrip, it falls into the AR pistol realm.

    $1,449
    at Faxon Firearms

    Prices accurate at time of writing

    Prices accurate at time of writing

    Available Coupons

    But to reiterate, an AR pistol cannot use a buttstock.

    A brace, on the other hand, is an entirely different matter.

    A 2014 letter by the ATF determined that adding a brace to an AR pistol would not move it into SBR territory. A braced AR pistol would still be considered a pistol.

    Best AR-15 & AK Pistol Braces
    AR and AK pistols alongside their buddies.

    Now, that ruling would be called into question a few times, eventually coming to a head in 2020, but we’re getting ahead of ourselves…

    Short Barreled Rifles

    While we’re on the topic of shorty firearms, we should also discuss short-barreled rifles and how they differ from AR pistols. Honestly, they look very similar, and it can be confusing to differentiate between the two.

    By definition, an SBR, or short-barreled rifle, is also a firearm with a barrel under 16 inches.

    But up until recently, there’s been one major difference between an AR pistol and an SBR — the addition of a buttstock.

    Adjustable AR-15 Buttstocks
    Yeah, don’t slap one of these on an AR pistol.

    Unlike an AR pistol, SBRs may sport a buttstock for shouldering. And this is where the ATF gets involved.

    SBRs fall under the National Firearms Act and are, therefore, regulated by the ATF.

    To own, there’s an entire ATF process a gun owner must go through first. This includes filling out paperwork, undergoing a background check, fingerprinting, and paying a $200 tax to the ATF.

    short barreled rifle
    Get ready to pay a $200 tax on this bad boy.

    After a waiting period, the gun owner eventually receives a tax stamp. That stamp allows for legal ownership of the SBR.

    Waiting periods can be as short as a couple of months or as long as a year, depending on the ATF’s backlog.

    Why an AR pistol over an SBR?

    Basically, an AR pistol undergoes the exact same process as a regular gun purchase.

    You roll up to your local FFL to choose your model or buy online and ship to an FFL to handle the transfer.

    It’s that easy. No waiting periods, no $200 fee.

    Used Gun Sites
    Doing a little internet shopping…

    Braces can also be legally purchased as accessories and added to an existing AR pistol by the owner. Again, there are no extra steps like you’ll see with an SBR purchase.

    Pair of AR-15 Pistols
    Not the same as an SBR…score!

    So now that we have a good grasp on AR pistols and braces let’s explore the contentious relationship between braces and the ATF.

    ATF’s Stance Through the Years

    At the heart of the brace debate rests SB Tactical – inventor and makers of the most popular pistol braces.

    From AR to AK pistols, SB Tactical has supplied the industry with a bevy of braces for several years.

    Founded in 2012, the company did its due diligence asking the ATF for input on the brace design before launch.

    SB Tactical Patent Schematic
    SB Tactical Patent Schematic

    The ATF initially cleared the device, stating that “the submitted brace, when attached to a firearm, does not convert that weapon to be fired from the shoulder and would not alter the classification of a pistol or other firearm.”

    By 2013, SB Tactical had partnered with Sig Sauer and Century Arms in exclusive sales agreements for the SB15 and SB47 braces. By May, the first Pistol Stabilizing Braces were hitting the firearms marketplace.

    The ability to lend control and stability to AR pistols made braces a popular accessory.

    Given the design, some users soon took to shouldering the brace, which led to confusion as to whether this moved the AR pistol into SBR territory.

    Check out Johnny B wield a few AR-15 braces below.

    2014: Shoulder that Brace, Says the ATF

    In 2014, the ATF clarified that even when shouldered, a braced AR pistol did not constitute an SBR. An AR pistol was an AR pistol despite how the shooter used the brace.

    It was all smooth sailing, or so it seemed…

    Ralphie Danger

    2015: The ATF Changes Course

    Just before SHOT Show 2015, the ATF published a letter reversing its 2014 stance on braces.

    In the decision, the Bureau clarified that braces were not designed for shouldering, and to do so would create an SBR, not an AR pistol.

    so now what

    This caused a myriad of confusion as it contradicted the earlier 2014 decision by the agency.

    Ultimately, Sig Sauer and SB Tactical waged a two-year battle with the ATF, for clarification on the sudden about-face.

    Game of Thrones Battle

    2017: ATF Backs 2014 Ruling

    After fighting with SB Tactical and Sig Sauer for a couple of years, the ATF would ultimately back down and change direction…once again.

    In 2017, the Bureau reverted to its previously held belief that firing a pistol brace from the shoulder does not reclassify the gun.

    Notebook What Do You Want
    Us and the ATF

    The issue seemed to be at rest, but gun owners were still feeling uneasy…

    If the ATF could change its mind so quickly, what would stop the agency from flipping again?

    2020: Q and the Honeybadger

    After a few years, it looked like the brace debate was finally put to bed; but in a startling twist of fate, the ATF reignited the brace debate in 2020.

    Taking the form of a legal battle between Q’s Honeybadger and the ATF, braces entered the limelight again in August.

    Honeybadger AR Pistol
    The Honeybadger Pistol by Q.

    On August 3, 2020, gun maker Q received a cease-and-desist letter from the agency regarding its Honeybadger AR pistol.

    The order indicated that the Honeybadger, in large part due to the SB Tactical pistol brace, was an SBR – not an AR pistol. Therefore, it fell under the NFA, and all owners would need to register with the ATF.

    Looks like the ATF is NOT happy…

    This decision effectively turned Honeybadger owners into violators of the NFA overnight.

    Q moved swiftly, encouraging owners to disassemble the Honeybadger or register it with the ATF (which they offered to pay the $200 fee for).

    Honey Badger Pistol Extended
    I mean, how can you be mad at this?

    Meanwhile, the company took the ATF on, asking for clarification on the matter.

    Things began heating up as gun owners protested the ATF decision, and it wasn’t long until the Department of Justice stepped in.

    After calls to senators and pressure from citizens, the DOJ called for a 60-day hold, pushing an official ruling until after the November 2020 presidential elections.

    Gun owners held their breath and waited…

    Gordon Ramsey Suspense

    ATF Proposals…and Withdraws

    Two months passed with radio silence from the ATF until, in mid-December, a new proposal published in the Federal Registrar.

    The 16-page document addressed AR pistols/braces offering “proposed guidance” on classifying weapons with stabilizing braces.

    The ATF gave citizens just 17 days to make their opinions known via online, public comments.

    Backlash was immediate. Within days, comments totaled over 60,000 – mainly in opposition to the proposal.

    Angry Mob
    An accurate portrayal of the comments section.

    By December 22, Congress jumped into the fray with 90 House members publishing a letter to the ATF rejecting the proposal.

    The letter stated, “This decision is alarming and jeopardizes law-abiding gun owners across the country.”

    It went on to suggest that the proposal was “ambiguous” and “subjective.” Many of the feelings echoed by the gun community.

    As gun owners clamored to fight the bureau’s proposal reclassifying braced AR pistols, they were in for yet another surprise.

    Bernie Stinson Whhhat

    On December 23, 2020, less than a week after the proposal’s unveiling, the Department of Justice reversed course and promptly withdrew the proposal.

    Though it’s important to note the proposal is still “pending further review” meaning that it could resurface at a later date.

    2021: ATF At It Again

    In June 2021, the ATF struck again. This time, the agency aimed to redefine rifles, excluding AR pistols and braces from the definition. Instead, it would move braced-AR pistols into short-barreled rifle territory.

    The Department of Justice said the reclassification would “clarify when these attached accessories [braces] convert pistols into weapons covered by these heightened regulations [the NFA].”

    To accomplish this, the ATF proposed a points system to help gun owners determine whether their builds fell into SBR territory and would, therefore, be swept under the National Firearms Act. (Remember, an NFA designation means longer wait times, more paperwork, and a $200 tax stamp fee.)

    Points Systems ATF
    (Photo: Kalash Lover via Instagram)

    Points System

    So, what was involved in this new point system exactly?

    The new system starts by requiring the firearm in question to be at least weigh 64 ounces with an overall length between 12 and 26 inches.

    This starting point ensures you’re working with at least a non-NFA firearm in the first place — because if it’s an NFA firearm under another category, then you need to apply for a tax stamp regardless.

    After making sure you don’t already have an NFA item, the checklist goes through other features.

    One to expect to see is whether the attached brace is intended to be fired from the shoulder. The idea being that if the brace essentially makes the pistol act like a rifle, then it should be considered an SBR instead of a pistol with a brace on it.

    SBPDW Brace, Shortened
    Get ready to start doing some math.

    Even portions of the brace, like the “rear surface area,” are assigned points to determine if there is sufficient surface area on the rear to be used on the shoulder. 

    The rules, unfortunately don’t seem to provide any definitive measurements on what is considered “minimal” surface area or even what amount of surface area differentiates between the points being assigned to each “minimal” versus a “large amount of surface area.” 

    Family Guy Math
    Me trying to decide if my AR pistols are rifles or pistols….

    This ambiguity could potentially give lots of leeway to the ATF to arbitrarily decide that the brace is to be considered a stock and the pistol is actually an SBR.  

    The checklist also goes through the different types of stabilizing support, assigning points to support systems, including the counterbalance, fin-type, and cuff-type braces. 

    CA HD AR Strike Industry Megafin
    CA HD AR Strike Industry Megafin

    If going through the checklist results in too many points total, you lose the game. Your pistol with the stabilizing brace would fall under SBR territory. 

    To get a handle on how difficult this points system can be, check out this fantastic video from Guns.com writers Ben Philippi and Chris Eger as they try to determine whether their AR pistols are legal under the proposed rules.

    Final Thoughts

    So, where does this leave brace and AR pistol owners? It

    Essentially if you have a firearm with a barrel less than 16 inches and a brace on that firearm, you have an SBR by the ATF’s accounts.

    Group Picture of AR Braces
    A whole lot of braces.

    Should braces fall under the NFA or should they be a legal accessory? Sound off in the comments below. In the meantime, check out our roundup of the Best AR-15 & AK Braces.

    PPT writer Paul Yen contributed to this story.

    Latest Updates

    • June 17, 2024: Updated Latest Updates & Lawsuits to include details on the latest court case.
    • November 10, 2023: Updated Latest Updates & Lawsuits section to include information about the nationwide injunction

    The Best Gun Deals, Coupons and Finds

    Subscribe to Pew Pew Tactical's sales and deals email.

    538 Leave a Reply

    • George

      The guys in the video were viewing those ATF forms the same way most of us would (confused). What comes to mind is that those forms are written in a way so that "when" they come to take your gun and arrest you for whatever reason, they can interpret the points the way they choose regardless of what you think or how you understand it and you lose either way.

      June 3, 2024 8:59 pm
    • david

      I didn't see the NRA mentioned in this fight over pistol braces, and I think it's important to note all organizations in this fight. NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

      March 23, 2024 6:25 am
    • Brutus

      True Neither ATF Nor the other alphabet soup agencies can make law, but like the income tax …..

      “A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom. But the tumult soon subsides. Time makes more converts than reason.”
      Thomas Paine, Common Sense

      The debate must start with the question is it legal to regulate a firearm at all?

      You know where I’m going to the second amendment.

      Says right here “shall not be infringed”.

      Does the subject in question constitute an infringement?

      If the answer is yes, the end device or use or possession is legal.

      The government, as all governments are is hostile to the private ownership of weapons that make the public equal to it in the use of force.
      It is a nature of government to restrict the population, and their ability and their access to force.
      You think things are bad in America today imagine how bad they would be if like the British and the Australians would’ve turned in our weapons when they did.

      We will continue to be bled dry on this issue unless we let our representatives know as well as the NRA and any of the gun rights organizations so-called that we will only accept an absolutely strict adherence to the second amendment and 100% of the firearms laws and regulations be stricken from the books.

      I told my representative, and there is no misuse of a firearm that is not covered under existing law that would address the use of a hammer or a half a brick tide to a string or a pair of symbols banged about incessantly.

      Write that brief letter or email or make the call and tell them you expect to see their name as an originator sponsor or co sponsor of that legislation.

      March 11, 2024 9:39 am
    • Phenry

      ATF cant create law, period.

      edicts and rules are not laws, and therefore not to be construed as such.

      and as soon as they can show where they have constitutional authority granted to them to infringe on our second amendment, i wont be paying attention to them.

      February 12, 2024 3:13 am
    • Obbledy

      No problem with "switches" though ........

      January 27, 2024 4:43 pm
    • Beeker

      I bought a CZ Scorpion used at a very good price shortly after this mess started...I'm guessing previous owner didn't want to register it? IDK...I'm still confused over the whole issue. Can I buy something to fire from shoulder or not? Its been sitting in safe for over a year now! I've just been waiting and waiting...

      November 23, 2023 7:54 pm
      • Phenry

        They have no authority to create any law, nor can they infringe on your right to keep and bear arms.

        February 12, 2024 3:54 am
        • Brutus

          True, but as long as they have the power to enforce their wishes and congress or the states do not stop the usurpation of power, and we do not have the ability or wherewithal to replace Congress alphabet soup agencies will do what they want.

          I would go so far to say they are doing exactly what Congress wants intimidating the public as Congress has not put a stop to it and continues to pass and allow unconstitutional law.

          March 11, 2024 10:01 am
      • Dr Juan Pimentel

        I've seen people saying to attach a longer barrel at least 16 inches, and a butt stock, but that's not true. It all depends on what the manufacturer registered it as when built. If registered as a pistol then you can't convert into a rifle. AR pistols must not have the arm brace, being that it can still be used as a butt stock and shoulder rested, so removing that and leaving the buffer tube, an you'll be in compliance.

        March 2, 2024 7:25 pm
    • Patrick Burnett

      How does this affect "other firearms" in NJ?

      November 12, 2023 6:15 pm
    • Craig

      Recent injunction nationwide and the court telling us ATF rule on pistol braces is vacated for being both unconstitutional and unlawful rule as an overreach by the ATF by trying to make law, which only Congress can do. They went too far and broke the law. We can all be assured, with the injunction, AFT is certain to lose in the final ruling. It means braces are okay, and we can buy and use them legally.

      November 11, 2023 1:59 am
    • Matt

      I thought Colin noir a lawyer gun guy said yesterday it’s failed to pass that braces rules stays like it used to be as in hood to go,he made a video just yesterday

      November 10, 2023 6:12 pm
      • Matt

        Please update people the rule fail from dum ass atf braces are fine but atf still sucks monkey balls

        November 10, 2023 6:20 pm
    • 2A Cajun

      I think the National Firearms Act is an infringement. The 2nd Amendment does not apply to semi-auto rifles, nor does it apply to bolt action rifles, pistols, or revolvers. The 2nd Amendment RESTRICTS GOVERNMENT. The technology of the firearm is irrelevant.
      The restrictions on government remain the same, regardless of the firearm. The Second Amendment was not written to grant permission for citizens to own and bear firearms. It forbids government interference in the right to keep and bear arms, period.
      The right of the people to keep and bear Arms, shall not be infringed.

      October 30, 2023 9:07 pm
    • C J

      Without the brace, I cannot safely fire my Stag 15. So I guess the ATF got what they wanted.

      October 29, 2023 9:27 pm
    • bruce sammos

      the atf should not be making any rules for firearms, congress should be the only ones making rules and laws that affect the second amendment

      October 29, 2023 10:21 am
    • P kraemer

      Screwd by Dems again. Go figure.

      October 15, 2023 3:04 pm
      • Comanche

        Truth is its screwed by PROGRESSIVE POLITICS whether by democrats or Republicans!!!

        October 23, 2023 1:13 pm
    • Rod

      Short barreled rifles should not need a law to start with
      It only had to do with concealment in the first place.
      But a pistol is very concealable, so what’s the point - it’s more dangerous because you can control it better?
      Stupidest gun law there is.

      October 14, 2023 1:06 am
    • Steve D

      My 10.5 AR pistol has a FIN type (brace), which is for cheek use, is it still a brace and ilegal?

      October 5, 2023 8:29 pm
      • Comanche

        Unless you're part of the lawsuit against atf as of right now today (10/23/23) you're a felon!!!

        October 23, 2023 1:08 pm
    • Martin Goodnews

      This website is fantastic, and I've found it to be quite helpful. Keep up the great work. Loans made available to borrowers with less-than-perfect credit frequently have higher mortgage rates than conforming mortgages, which demand a strong credit score to qualify. However, if owning a home is your objective, it is undoubtedly doable with a few sacrifices. More information is available on my blog. Visit and learn about it. Don't let this chance slip by.

      September 30, 2023 7:34 am
    • Jimmy Papa

      How about putting a pistol buffer tube with slip on cover onto a bolt action pistol?

      September 15, 2023 3:32 pm
    • yehyeh

      How are you?bro.non

      wish you hppiness bro

      ..non.

      August 19, 2023 9:00 pm
    • Dennis

      Best explanation I've seen concerning this issue. I am currently overseas and the firearm is stored in a secure location in the U.S. I'm guessing it would be wise to just register it to avoid any headaches when I return.

      June 15, 2023 6:37 am
    • John

      After a series of clarifications from three different federal courts who have issued temporary injunctions:

      All members nationwide of GOA, FPC, and SAF, and employees of The State of Texas, are exempt from having this ATF unconstitutional tyrannical 'attempt to usurp power of Congress by creating law-by-rule/regulation' attempt enforced against them under this temporary injunction.

      June 9, 2023 12:04 pm
    • Zeke

      If I have a pistol with a forearm brace and was registered as a SBR (with the new rules); can I now remove the brace and put a butt stock?

      May 31, 2023 1:14 pm
      • Jason

        Absolutely. Also, you can put a vertical grip on it as well. Currently those aren't allowed on pistols either.

        June 12, 2023 12:57 am
      • TommyJ

        yes.
        You have legal options that does NOT require any further licensing, registrations, bacjgorund check, fees or worry. You can add a stabilizer brace to your registered SBR and leave the forearm brace in place or move forearm brace to rear of pistol. It doesn't matter now because you have already complied with all the necessary requirements. Congrats !!

        June 30, 2023 4:28 pm
    • Kyle

      So if a buffer tube doesn't count because it's necessary... Let's get someone to make a
      one piece buffer that has an integrated brace. You won't be able to adjust the length but some company could make different lengths that match the same as a buffer and brace combo.

      May 18, 2023 11:46 pm
    • Michael H

      My thoughts:
      Good piece but detailed explanation of the point system is a lot of electrons on a moot issue.

      This rule is going to stick. If it works like a stock and the barrel is less than 16” it has always been an SBR, until just under a decade ago.

      Anyone who thinks congress can save this doesn’t understand civics. This is different from bump stocks because how they work doesn’t fall into the definition of machine gun. Most users use a brace as a stock to get an SBR without registering it under the NFA. Disabled AR shooters are a rare exceptional user. The only thing that saves the braced pistol from being an SBR is the Supreme Court finds the NFA itself unconstitutional.

      May 9, 2023 12:52 pm
      • Me

        Interesting perspective. I respectfully disagree. I believe the policy will be struck down in one of the many lawsuits against this policy. BTW, that what this is, a policy, not a law. I know this because I wrote policy at the Federal level for over 20 years. Policies are the agencies interpretation of how the law is to be enforced. They are not law, they are guidance.

        May 9, 2023 3:54 pm
      • Rizaldy Jimenez

        But if it’s 14.5 pinned and welded it’s a rifle ?

        June 17, 2023 10:30 pm
    • Me

      Just my humble opinion but recommend not converting and waiting for the lawsuits to be settled. Expect this to be overturned by legislation. Congress does not like for agencies to pass pseudo-laws with policy. However, recommend calling your go-to gun range to see if they have ATF agents who shoot there. No sense in advertising your pistol brace to an agent who "just happens" to be in the vicinity.

      May 8, 2023 10:47 am
      • Michael H

        By legislation?! You think that legislation would pass the Senate by a veto proof majority? Dreaming.

        May 9, 2023 12:54 pm
        • Me

          Perhaps not but why register your gun as an SBR before the lawsuits are settled? Yes, it may cost you $200 to wait. The ATF is counting on you to cave on the issue. BTW, legislation would be preferred but the courts could strike the ruling down in one of the many lawsuits.

          May 9, 2023 3:50 pm
          • Gun Enthusiast

            Why would the court strike it down? The NFA gives the ATF wide powers to define what exactly is banned because Congress correctly anticipated that people would try to make NFA firearms that try to exploit some technicality to avoid being classified as such. There is no reason why someone can't wait a couple of months, pass a background check, and get fingerprinted if they want an SBR. People buying anything under 26 inches tend to be significantly more likely to be in the murderous maniac crowd.

            June 7, 2023 11:43 pm
            • Me

              I've already explained why the courts would strike it down. Policy administration overreach. Bureaucrats are not hired to make laws and if they have a question regarding interpretation, they are to seek clarity from Congress. How do I know this? I was a high level Fed for 30 years. BTW, it appears you may lean heavily toward supporting this move of the ATF. Would you care to share your research source regarding the murderous maniac crowd buying guns under 26 inches?

              June 8, 2023 6:50 am
            • Gun Enthusiast

              That is not a thing. Congress has the authority to hire experts to act on its behalf against novel dangers. It is how the EPA is allowed to regulate new contaminants, FDA approve new drugs, DEA ban new drugs, OISHA protect workers against new work hazards. The FBI as well as state authorities keep finding that year after year handguns and SBRs are used in most gun related homicides.

              June 8, 2023 7:45 am
            • Me

              Again, your source for your claims? I think you're posing as a fellow gunner, aren't you?

              June 8, 2023 8:18 am
            • Constitutional Republic

              100% correct my friend. Gun enthusiast is nothing but a traitor and NFA Unconstitutional bootlicker or an ATF Biden agent of radical left.

              June 14, 2023 1:04 am
            • Troll Catcher

              You know he's a lying sack of crap when he lists background checks, finger prints, etc as though people don't have to do that regardless of the weapon. Nice try gun hating enthusiast!

              June 26, 2023 10:55 pm
            • Tom Vick

              Thank you.

              June 24, 2023 7:03 pm
    • Gee Tee

      2018 purchased the Springfield Armory Saint Pistol (Note: the firearm nor the Owner's Manual does not have any oyjer name for this forearm except "SAINT" so its not a Victor or Edge pistol, just Saint pistol) It came from the manufacturer with a slip-on stabilizer brace that has the SprngfieldArmory logo molded into the brace. The Owner's Manual mentions the stabilizer and describes the intent of use for the brace and specofically uses the word "pistol". This brace is a slip'on and the buffer tube is smooth amd round front to rear, the brace cannot be locked into place. It slips on. As required by my state, this Springfield Saint pistol is registered as a pistol in my state's firearm registry and I have a Pistol Purchase Permit as proof!
      Am I now an SBR (short barrel rifle) owner by force???

      May 1, 2023 3:00 pm
      • Jesse James

        That is "funny" and tragic at the same time, but you have a valid point.
        You purchased and register a pistol and ATF made it an illegal rifle without you touching it. Interesting. Let us know if you found the answer. I bet you are not alone.

        May 19, 2023 11:49 am
      • PJ

        My exact situation.
        It's registered already with the state as I bought it. The brace is too small to fit on my arm anyway. Will replacing it make me compliant?

        May 21, 2023 8:16 am
    • Dave

      Gun was legal when purchased!!! Done!!!

      May 1, 2023 9:16 am
      • John B

        Weren’t bump stocks also legal when purchased?

        May 25, 2023 8:15 am
    • David Grimes

      Captain Obvious here but the ATF knows this will eventually be struck down but in the meantime they will get millions of guns registered before the deadline. There is no chance the lawsuits will be settled or congress will act to kill it before the deadline. This was the plan all along. They win.

      May 1, 2023 8:35 am
      • RF

        Millions of guns? No, I think not. Maybe $$ of the honest and/or nervous about what comes next. Millions will do nothing. What are they going to do? They can't go door to door asking if you have an unregistered SBR! "Excuse me Sir may I search your home/safe for any unregistered weapons?" Yea that will go over well!

        June 2, 2023 2:38 pm
    • Raul Rangel

      Go chase genuine criminals and leave law abiding citizens alone!
      Shameful how a law enforcement agency thinks they can go against The Constitution! Even more shameful is a President that took an oath to uphold it. We have to rise up and do a better job of voting for statesmen, not self serving politicians.

      April 29, 2023 11:25 pm
    • John Campbell

      We are well over the 60/120 days "let's see what happens" period. How about an update?

      April 28, 2023 7:20 pm
    • Travis Kelley Young

      This entire issue is preposterous needless and completely confusing to an “average normal gun owner”. Can’t the ATF please simplify the requirements that need to be satisfied and/or clarify where a gun owner “steps into the mud” with their own legally purchased firearm, without crossing some arbitrary and often ambiguous and redrawn legal line?? Wow!
      Travis

      April 25, 2023 10:03 pm
    • Kim Williams

      I have been waiting to do anything until the lawsuits have been settled. It doesn't appear any have been successful in staying this ATF order on AR pistol braces. Rather than render them relatively useless by removing the brace, or turning them into 16 inch rifles, is it time to give in to the ATF and begin registration? What is the outlook?

      April 22, 2023 9:57 am
      • Greg Taylor

        Waiting the same. Should I just register? Not sure what to do?

        April 27, 2023 10:25 pm
        • Kim Williams

          I went ahead and submitted registration on mine. Sadly, it doesn't appear anything is going to stop the ATF grab.

          For what it is worth, the Silencer Shop has an automated tool to use for registration. It will cost you $50 per gun and you'll need to also buy a "Trust" for as little as $25. But it navigates the convoluted process the bloated ATF has put in place. Good luck.

          April 28, 2023 12:33 pm
    • Big Grizz .

      Again,what about the disabled shooter ? Left out in the cold !

      April 22, 2023 7:50 am
    • T

      If the braced firearm that the BATFE now considers a SBR and the brace is removed but still has a scope or red dot optic attached does the BATFE object to the optic remaining?

      April 21, 2023 5:34 am
    • Dgmdpa

      The most conspicuous omission from all this discourse is what the late 1780s meaning of the word “infringe” was.

      April 17, 2023 6:06 am
    • MRAM

      So, if an individual obtained the tax stamp for the AR/AK style pistol fitted with a brace, after the tax stamp is issued, would that individual be able to go ahead and put an actual buttstock on the weapon since it is now registered as an SBR?

      April 15, 2023 7:27 pm
      • mike

        yes

        April 15, 2023 8:32 pm
      • Ross Turnbull

        Yes you sure can as well as a vertical fore grip. I have a Magpul stock and a Samson vertical fore grip on mine. Aero lower and upper with a 12.5” BA barrel. My stamp took exactly 30 days through e form. I was not aware of the easing on engraving guidelines so I had mine engraved once the trust was created. All that was done prior to sending in the eform.

        April 29, 2023 3:42 am
    • combat valor survivor veteran

      Thanks for the article, so what's the status of the law suit concern Brace vs. ATF&SBR

      April 3, 2023 1:55 pm
    • JCW

      This is as ambiguous as the rule. You did not clarify the single most important point - the length of the barrel. You use less than and greater than, but did not address what matters most - EQUAL TO. The rule states less than 16" barrel or 26" of overall length. What about where the barrel is 16" and overall greater than 26"?

      March 28, 2023 9:01 am
      • Kip Bishop

        • A weapon with a 16” or longer barrel and 26” or longer overall length is NOT an NFA SBR, so not subject to registration and taxation.
        • A rifle with a less than 16” barrel OR less than 26” overall length IS considered a NFA SBR, and is subject to registration and taxation.

        The easy way for me to think about what changed is that the ATF is reinterpreting a pistol brace as a stock, therefore the build as a rifle, not a pistol.

        April 2, 2023 7:09 am
        • JP

          What about a barrel 10.5” and overall length of 26.5”? Where does that stand?

          April 27, 2023 12:03 am
          • Lou

            They used "OR" not "AND" so only one of the two criteria is required. 10.5" barrel and 26.5" overall? It is in SBR as one of two criteria have been met. If they used "AND" then both criteria would need to be met. 25" overall and 16.5" barrel? An SBR by definition.

            May 1, 2023 6:48 am
      • Mike W.

        Then it is considered an "other" firearm, and IIRC, it's a $5 tax stamp, and still registered.

        What gets me, is that when the ATF had the stupid "points system" worksheet... they assessed "points" for having rifle sights on a braced pistol. I searched for AR pistol sights. Guess what? Any search results showed only rifle sights.

        I figured out a way to put Glock pistol sights on an AR pistol... then the ATF came up with the final ruling and 120 day deadline.

        The ATF needs to stop moving the goalposts... and go after the real criminals, instead of honest citizens trying to enjoy their 2A rights!

        June 4, 2023 12:50 am
    • Rodriguez

      I bought an ak pistol a few days ago. Am I exempt from tax extamp?

      March 27, 2023 12:42 am
      • Fancy Pants

        As long as there is not a brace on it, you are fine as far as SBRs go. However, if at some point there is a brace on it, and you do not register it as an SBR, and in the unlikely event the ATF comes knocking at your door....well, you're fvcked.

        April 19, 2023 2:35 pm
    • Ray

      Bumpy ride is an understatement. I am totally confused as to what is the problem that this ruling is seeking correct or protect against. So I shoot from the shoulder with something that is considered a pistol. It would be more accurate. Isn't that a good thing? I can put lasers and red dots on a handgun to make them more accurate, but doing that does not bump them up to the NFA. Why is the DOJ so consumed with these pistols that they don't want buttstock added to them?

      March 24, 2023 8:53 pm
      • Bass

        Exactly. What is the point? You can have large caliber long range rifles with stocks and braces and frickin laser beams but a pistol with a brace or stock or whatever is a problem? I also, am still at the starting line of this while thing scratching my head

        May 30, 2023 5:45 pm
    • Emerson

      They need to leave the braces alone there is many veterans and and ordinary people out here while abiding citizens out here that cannot use a rifle and therefore needs the brace to be able to control the handgun that they are using

      March 21, 2023 8:02 pm
    • Dave

      Gun owners purchase guns legally, follow the processes for state (Not Federal) concealed permits, follow the rules of brace, sbr, rifle, and pistol guidelines for America's AR Style Rifle and are being turned into Criminals by our government.
      It's like buying a new car, but you cant drive it unless you buy the federal mandatory yearly Maintance Plan.

      March 21, 2023 12:55 pm
      • Dale Muzingo

        Don't give them any ideas.

        March 25, 2023 6:35 pm
      • Lou

        No, it's more like buying a car and having to register it, pass a test, and follow certain rules on how and where you can use it. Yep, we already do that.

        May 1, 2023 6:53 am
        • David

          True. However, you don't have a God-given right to keep and use an automobile, as specifically outlined in The Constitution.

          May 20, 2023 1:08 pm
    • carl hover

      My comprehension of this article and what I read of ATF's ruling with all the double talk is simple. The ATF has stated they want AR-type pistols to return to their original ruling of having a buffer tube assembly with no attachments. Notice if you register your braced pistol it will not be registered under the NFA original classification. ATF has a forked tongue.

      March 17, 2023 11:54 pm
    • robert y

      I appreciate the ATF's ability to "define" whats what. However, they're NOT congress, so opinions & "rulings" really mean nothing. "Shall not be infringed", is pretty clear. If the ATF wants to get in on something, offer an opinion on whether my El Camino is a truck or a car!

      March 16, 2023 11:32 pm
      • Notme

        It's a car-truck!

        May 10, 2023 10:55 pm
    • somebody

      The underlying issue in this latest scam by the ATT is that the NFA was never intended to regulate “short” rifles of any kind. They were originallytrying to bath machine guns, sawed off shotguns, and ALL HANDGUNS. When they could not get all the unconstitutional nonsense through they dropped handguns, but because of a completely irrelevant exception one legislator insisted on including for 18” and later 16” “deer hunting rifles”, the NFA has been “interpreted” as regulating short rifles. It even clearly calls out short smooth bore, not rifled guns. The entire NfA should be struck down as the nonsense it has always been.

      March 16, 2023 12:17 pm
    • John Ceglarski

      Good article but as far as what to do- how about enforcing the last sentence of the 2nd Amendment. The right of the people to keep and bear arms (SHALL NOT BE INFRINGED!!) Call me a Provincial but I think that means YOU (ATF) have no F'n authority to make rules about my firearms. The rules they made are a perfect example of how they became subjective and capricious in short order. If I feel like duct-taping them to my shoulder blades and firing them with a coat hanger on the trigger that's MY business.
      "Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans."-Tench Coxe

      March 15, 2023 9:14 pm
    • Robert Putnam

      Thank you... excellent article. One thing that I would like to know more about, is who is the most effective at fighting these spurious regulations? The ATF and liberal states are just going to keep going this direction until the rules are so ridiculous that a person even with the 2A cannot comply.

      March 12, 2023 3:14 pm
    • Joseph

      MAGA

      March 11, 2023 9:20 am
      • Fred

        I like him too but he used an unconstitutional executive order to ban bump stocks.

        March 18, 2023 6:21 pm
    • Lance Touve

      Thanks for a great article. It clarifies this mishmash as well as anything else I've read. I will use this to make future decisions on these types of firearms.

      March 9, 2023 1:29 am
    • Charles Grayson Taylor

      I have Fire Control Unit X-01 with my Sig P-250 full size slide, barrel and fcu dropped in. I also have pistol brace on it. Is this required to be registered?

      March 6, 2023 4:15 pm
    • Neil

      Does this make the Mossberg Shockwave with a brace a SBS? Is the shockwave eligible for the e1 fee waiver?

      March 6, 2023 3:37 pm
      • DpO

        No I think it is still an AOW due to not having a rifled barrel.

        March 7, 2023 8:35 pm
    • Dean

      The thing that gets me, I purchased my firearms already. The ATF already has this information, so what is their deal. I also think it is very unfair that they have not contacted us citizens to inform us on these new "interpretations". It seems to me like they would like to have us all become felons unknowingly.

      March 5, 2023 5:25 pm
      • Cyco

        Agreed

        March 12, 2023 12:40 am
      • Bart

        Don't forget, the three branches of government and their purposes. The executive branch, the judicial branch, and the legislative branch. The ATF is part of the executive branch. They are designed the execute(enforce) the law. The judicial branch interprets the laws(ie the NFA), and the legislative branch makes the laws. Its the lawyers and judges that argue about what the law means, not the ATF. Any interpretation from the ATF is meaningless.

        March 23, 2023 9:48 pm
    • Gonna Wait It Out

      I randomly came across this article; had I not, I would potentially have an illegal firearm. How is it ever possible to be compliant? I didn’t get a memo from my FFL or from any of the stores I’ve purchased from online saying that I may need to look at this new law… I’ll just wait it out.

      March 4, 2023 2:20 pm
      • Beef Wellington

        Exactly.
        I also just bumped randomly into this info and, without quick action will become a felon with a FACTORY ISSUED item purchased from a local gun store, with the ATF having full knowledge of this transaction. I am absolutely astounded.

        March 10, 2023 11:15 am
    • David

      Does this ruling include an AR pistol with a Shockwave Blade stabilizing fin into SBR category too?

      March 3, 2023 12:57 pm
      • Captain Bob

        Yes.

        March 6, 2023 12:39 pm
    • john b. good

      your new (you know) government found a way to get your guns registered. put a 16in. barrel on or just yank the brace off and be done with it. DO NOT register!!!

      March 2, 2023 9:18 pm
      • Mike W.

        Yup. Best 2 options right there.

        June 4, 2023 12:59 am
    • Donald E. Robinson

      I am a disabled veteran my injuries are both service connected, and then working for a Federal Agency. I have a very hard problem understanding why this has even been allowed. What ever happen to our Constitution, and the first 10 amendment's called our Bill of Rights, and the True Rule of Law, with not no politics, or getting out of jail cards, no changing the true rules, from pressure that causes a love of Power, and a love of Money, and a Greed, which brings us to a two (2) tier justice system, that becomes corrupt, and those who truly knows what it means to a Empire, a Country, or a Kingdom, and the oath many have taken before entering one of our armed services, or agencies. I know all about so called leaders, and I know about being betrayed. In closing if our nation don't turn back to a sovereign God, who does get into the affairs of men, and women, and children. I will never condone nor my wife will what happen on January 6th. I do know this yes there is a second amendment that I stand on, we must never give up on it. If we would remember what occurred to some of the blue state's riots, and burning, that went on for a number of weeks. Then look how are former president and his family was treated even before he became president, then look today what the three(3) big Tech Company's have done to brainwash our children, and grandchildren. Our former president had what it takes to take on our enemies, and how he was dealing with China, but look what the love of Power, and the love of money, was hidden from us. If we think it was a mistake by China and other so called Company's and agencies. We need checks and balances, so the Truth can come out to the American people. These restriction's and who did this, do you really realize, those who want to break the Rule of Law are going to do it no matter what this Admin, or bad so called leaders within, and outside does. I will always and my wife will try to protect not only family, but our neighbor's and even when we see someone in trouble, which has happen before. We love our nation and always will.

      February 27, 2023 4:40 pm
      • somebody

        here here! Thank you for your service.

        March 16, 2023 12:19 pm
      • Mike W.

        Yup... and Amen.

        June 4, 2023 1:02 am
    • Grampy

      I’m confused. Are Micro Roni’s illegal after MAY 31, 2023? They fit Glocks, not AR’s.

      February 26, 2023 8:21 pm
      • John

        Micro Roni's are an accessory with a brace, but as you note they attach to a pistol. The type of pistol (AR or not) is not relevant, what matters is whether the accessory brace is intended/designed to be shouldered. The ATF's possition would apply to the Micro Roni. That doesn't make them illegal, nor do they need to be registered by themselves as they are not fire arms. But if you attach it to a pistol that is not NFA stamped, it becomes illegal as of May 31, 2023.

        Two legal options: 1) Keep them separated (and the Roni disfunctional, give the charging handle to somebody else, to avoid arguments of constructive posession) and wait for the courts to rule; 2) Register your pistol by May 31, 2023. Note that if the rule is upheld by the courts, but the registry period is pased, then you would still be able to register your pistol on a form 1, but you would pay the $200 fee. Not legal advice :).

        March 3, 2023 3:35 pm
    • Steve

      Its a rule NOT a law. Congress never ruled on it. So what are we talking about?

      February 26, 2023 7:15 pm
      • John

        Per congressional law 26 U.S. Code § 5845(c)(1968 Gun Controle Act amendment to the 1934 National Fire Arms Act): "The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder..."

        The legal issue is whether the ATFA has proper administative authority under the law to specifically define what it means for a weapon to be "designed" to be "fired from the shoulder." The legal standards for this question have traditionally been found in US Supreme Court cases under Chevron. As this is a criminal law matter the rule of Lenity (that ambiguity in the construction of a criminal law will be read in favor of the citizen) will also be relevant.

        Ultimately, the question will be whether (1) the ATF has the power to make a definition covering braces and (2) whether the current proposed defintion is specific enough as to not fail constitutionality for being ambiguous.

        I am of the opinion that the ATF likely has the power to define what "designed to be shouldered" means. But that their current definition for a brace is unconstitutionally ambiguous for lack of specificity. Unfortunately, the ATF will be able to remedy this, unlike the bump-stock rule which contradicted the statutory defintion of a "single pull." So, in the end the ATF will win on this one, so long as they define what a "shoulderable" device or stock is with some specificity. I Guess we will see if my legal instincts are correct.

        March 3, 2023 2:32 pm
        • somebody

          The NFA was never intended to regulate “short” rifles at all, 16” “deer hunting rifles” were added as a dumb exception to something not even being regulated, and after hand guns were removed from the NFA it makes no sense at all.

          March 16, 2023 12:23 pm
    • Travis White

      Hello, so I just bought the PSA 7.5" 300 blackout kit and then started to look into all this. Has anyone purchased this or is familiar with it? 5165448841 is the product code. I bought a stripped lower through Aero for it. What would this fall under? I guess I'm confused with the whole buttstock/barrel length and how each is classified. Would I need to get this and quickly register it as a SBR?

      February 22, 2023 4:20 pm
      • Your mom

        it falls under the SBR rule if any rifle got a barrel less than 16". So yes, you will have to register it if you intend to use a brace or buttstock on your lower. Your best bet is to:
        1. install 16" barrel
        2. Install a smooth buffer tube on it.

        remember that keeping a complete upper with a barrel under 16" (or just a bare barrel itself) in the same residence can get you in trouble too. ATF calls it 'intent to construct'.

        1. You have a complete lower with brace or stock + upper with less than 16" barrel = SBR

        2. you can not have back up iron sights on your AR pistol if you don't want it to be an sbr

        3. you can not have scopes that has a eye relief

        4. you can have a red dot or any optic with unlimited eye relief


        I have a 7" AR pistol and i just installed a smooth buffer tube on it.

        February 23, 2023 9:42 pm