ATF’s new rule - what you need to know about it
What You Need to Know About the ATF’s New Stabilizing Brace Rule
Last week, the Department of Justice announced a new rule regarding “stabilizing braces” or “pistol braces,” which will reclassify certain firearms containing the accessory as short-barreled rifles (SBR). This new rule is a 180 degree shift from the guidance provided in a 2012 letter by the Department of Justice, which classified firearms equipped with these braces as pistols, which therefore were legal to own. Millions of Americans, who relied on the previous guidance of the ATF, currently own firearms with pistol braces. However, once the new rule goes into effect, these previously law-abiding gun owners could face federal felony charges and substantial fines if they continue to do so. The new rule leaves only a few options for individuals to bring their firearms into compliance.
What does the new rule do?
The rule does not outright ban all pistol braces or weapons with pistol braces attached. However, the majority of firearms equipped with pistol braces will be subject to the ban, and owners will be required to modify, register, relinquish, or destroy their firearms to comply with the new rule. The ATF created a list of factors they will now consider when determining whether the addition of a brace converts a pistol into a Short Barreled Rifle (SBR). The factors include the weight of the firearm, length of pull, the sights equipped, the surface area of rearward attachments, the marketing techniques of the manufacturer, and “information demonstrating the likely use of the weapon in the general community.” These factors grant the ATF and the courts wide discretion to determine if a firearm is in compliance with the rule.
The Difference between an SBR and a pistol with a stabilizing brace
To understand the ATF’s new rule, it is first necessary to distinguish between an SBR and a pistol with a stabilizing brace.
What is an SBR?
A Short Barreled Rifle (SBR) is defined by the National Firearms Act of 1934 (NFA) as a shoulder-fire, rifled firearm, made from a rifle, with a barrel length of less than 16 inches or overall length of less than 26 inches, or a handgun fitted with a buttstock and a barrel shorter than 16 inches in length.. Owners of an SBR are required to register the firearms with the ATF, submit fingerprints, complete a background check, and pay a $200 tax prior to taking ownership of them. Otherwise, they risk severe penalties. Below are examples of an SBRs.
What is an AR Pistol?
An “AR pistol” is an AR-15, 9mm AR, or other AR variant with no stock and no vertical foregrip that has a barrel shorter than 16 inches. In place of a stock, an AR pistol usually has a pistol buffer tube or similar piece that does not allow for the attachment of a shoulder stock.
AR pistols are not the only firearm of this type. There are many other firearms that are traditionally rifles that have pistol variants such as the Kalashnikov rifle (AK-47), the CZ Scorpion and the Kriss Vector. Below is an example of an AR pistol and other firearms with similar configurations.
What is a pistol with a stabilizing brace?
A “stabilizing brace” or “pistol brace” is an attachment with a strap that affixes to a shooter’s forearm, allowing the firearm to be fired one-handed as shown below:
The addition of a pistol brace allows the shooter to better stabilize the firearm while shooting. AR pistols and similar firearms equipped with braces were originally designed to allow shooters with certain disabilities to be able to operate the firearm and have become a top choice for home defense due to the increased maneuverability and stability in tight quarters. Below is an example of firearms equipped with braces, which will be subject to the new ban:
Why was the rule changed?
The Department of Justice announced last Friday, that it will be implementing the new rule to “enhance public safety by preventing the circumvention of laws passed nearly a century ago.” Referencing all the way back to prohibition era, ATF Director Steven Dettelbach stated:
“In the days of Al Capone, Congress said back then that short-barreled rifles and sawed-off shotguns should be subjected to greater legal requirements than most other guns. The reason for that is that short-barreled rifles have the greater capability of long guns, yet are easier to conceal, like a pistol.”
However, the rule has faced substantial opposition from political leaders. Many Republican lawmakers fear that the new rule will criminalize millions of law-abiding Americans with little notice and create a de facto gun registry. In an open letter to Attorney General Merrick Garland, 48 Republican Senators condemned the rule stating:
“The way the proposed rule is written makes clear that ATF intends to bring the most common uses of the most widely possessed stabilizing braces within the purview of the NFA. Doing so would turn millions of law-abiding Americans into criminals overnight and would constitute the largest executive branch-imposed gun registration and confiscation scheme in American history.”
Will this Rule be Challenged?
Gun-rights groups have promised to fight the rule in court. Erich Pratt, Gun Owners of America senior vice president, said his group is already writing up a lawsuit. Many other second amendment groups have criticized the ban as well. Upcoming litigation may change the timeline of the ban, and it is important to stay informed on any updates and court cases challenging the rule.
What should you do?
The new rule currently is set to go into effect 120 days after the rule is submitted to the Federal Registrar. After the rule is published, owners of firearms equipped with pistol braces will have only 120 days to comply with the new requirements. The ATF lists the following options for individuals to comply with the new rule:
(1) Replace the barrel of the firearm with a barrel longer than 16 in;
(2) remove the brace so it cannot be reattached;
(3) register the firearm with the ATF within 120 days (the $200 tax will be waived);
(4) forfeit the firearm to the ATF; or
(5) destroy the firearm
While these options are not attractive, failure to comply with these requirements could result in federal felony charges or heavy fines. Stay informed on any litigation concerning the ban and start to consider the most palatable option listed above when the rule is published.
The full 292 page rule can be found here. ~ Christian Jones