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.
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.
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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.
Editor’s Note: Article updated with new information 6.1.23 at 11:17 a.m. CDT.
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.
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.
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.
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.
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.
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.
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.
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!
Lawsuits Inbound
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.
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.
“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.
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.
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.
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.
As we mentioned earlier, a pistol brace uses Velcro to attach to the shooter’s forearm.
It provides stability while firing the AR pistol.
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.
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.
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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.
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.
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.
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.
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.
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.
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…
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.
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.
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.
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.
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.
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).
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…
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.
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.
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 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.
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.”
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.
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.
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.
518 Leave a Reply
How about putting a pistol buffer tube with slip on cover onto a bolt action pistol?
How are you?bro.non
wish you hppiness bro
..non.
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.
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.
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?
Absolutely. Also, you can put a vertical grip on it as well. Currently those aren't allowed on pistols either.
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 !!
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.
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.
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.
But if it’s 14.5 pinned and welded it’s a rifle ?
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.
By legislation?! You think that legislation would pass the Senate by a veto proof majority? Dreaming.
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.
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.
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?
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.
Again, your source for your claims? I think you're posing as a fellow gunner, aren't you?
100% correct my friend. Gun enthusiast is nothing but a traitor and NFA Unconstitutional bootlicker or an ATF Biden agent of radical left.
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!
Thank you.
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???
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.
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?
Gun was legal when purchased!!! Done!!!
Weren’t bump stocks also legal when purchased?
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.
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!
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.
We are well over the 60/120 days "let's see what happens" period. How about an update?
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
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?
Waiting the same. Should I just register? Not sure what to do?
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.
Again,what about the disabled shooter ? Left out in the cold !
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?
The most conspicuous omission from all this discourse is what the late 1780s meaning of the word “infringe” was.
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?
yes
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.
Thanks for the article, so what's the status of the law suit concern Brace vs. ATF&SBR
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"?
• 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.
What about a barrel 10.5” and overall length of 26.5”? Where does that stand?
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.
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!