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Are Pistol Braces Legal Again After the ATF’s Latest Rule?

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recently implemented a new rule on stabilizing pistol braces. Following various regulatory changes, this has led to questions about whether pistol braces are legal again. Gun owners, manufacturers, and lawmakers have all been affected by these shifting regulations. Let’s break down what the new rule means for the future of pistol braces.

What Changed With the ATF’s Latest Rule?

The final rule by the ATF reclassifies certain firearms equipped with stabilizing braces as short-barreled rifles (SBRs). This rule went into effect immediately after being published on January 31, 2023. The change impacts how firearms with these braces are categorized, requiring owners to comply with the National Firearms Act (NFA) regulations. This includes registering the firearm, paying a tax stamp, and potentially making adjustments to the weapon itself.

Are pistol braces legal again after the ATF's new rule?

@arena_firearms | Instagram | The final rule by the ATF reclassifies certain firearms equipped with stabilizing braces as short-barreled rifles.

What Does This Mean for Gun Owners?

For many, this rule’s impact is significant. Previously, stabilizing braces were not classified as NFA items. But the ATF’s final rule now treats these braces similarly to shoulder stocks. This change places some firearms that were once legally considered pistols into the NFA category, making them subject to strict regulations. Gun owners now face a decision on how to comply with the new law, either by registering their firearms or making modifications.

Factors Affecting Compliance With the New Rule

The ATF uses a “totality of circumstances” approach to determine whether a firearm with a stabilizing brace qualifies as an SBR. Key factors include the firearm’s length and weight, trigger position, optics design, and manufacturer marketing. Additionally, how the firearm is actually used in practice by the gun community plays a crucial role in this determination.

What Was the Public’s Response to the Rule?

When the ATF proposed the rule, public opposition was overwhelming. Many gun owners and organizations voiced concerns, submitting comments during the public notice and comment period. Despite this opposition, the ATF proceeded with its final rule. Gun owners are left with the challenge of navigating this complex regulatory landscape, trying to understand how it applies to their specific firearms.

The Amnesty Period and Its Expiry

The ATF initially allowed for an amnesty period that ended on May 31, 2023. During this period, gun owners could register their firearms without paying the $200 tax stamp fee. This grace period was designed to give owners time to comply with the new rule without financial penalties. Since the deadline has passed, any new registrations now require payment for the tax stamp.

Are pistol braces legal again after the ATF's new rule?

Thomas Tucker | Pexels | The rule allows firearm owners to adjust their firearms to comply with the new regulations.

How Does the New Rule Impact Firearm Modification?

The rule allows firearm owners to adjust their firearms to comply with the new regulations. For example, some owners may choose to disassemble their firearms or convert them into traditional rifles to avoid the SBR classification. Alternatively, owners can destroy their stabilizing braces or submit their firearms to the ATF for a determination. These are the main ways to ensure compliance with the new rule.

What’s Next for Pistol Brace Regulations?

The future of the final rule is uncertain. A U.S. District Court in Texas issued a preliminary injunction, temporarily halting enforcement of the rule. For now, stabilizing braces are legal, however, this legal battle is far from over, with more court hearings expected. It is anticipated that the case will eventually reach the Supreme Court, likely in the 2025-2026 term, which could settle the matter once and for all.

While the ATF’s final rule on pistol braces has caused confusion, it has created a clearer path for those seeking to comply with new regulations. However, with ongoing legal challenges, the ultimate resolution remains to be seen.

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