BREAKING: ATF Publishes ‘Factoring Criteria for Firearms with Pistol Stabilizing Braces’ Rule

Original article here.

Our dear friends at the ATF chose Friday the 13th in the run-up to next week’s SHOT show to publish their final rule on the use of pistol stabilizing braces. Maybe what we love the most is that the firearms regulators assiduously refer to pistol braces as “stabilizing braces,” using scare quotes to let us know that wink-wink these things are really stocks and we’re lucky they haven’t completely regulated them out of existence as they did bump stocks.

You can read the full rule here.

We haven’t had a chance to read through it in detail yet (it’s 293 pages long), but from a quick skim and a look through the sample list of firearms now considered short-barrel rifles, the number of covered firearms that would now be covered under the rule is far more extensive than the guidance that was provided last year. See them here.

In other words, almost any AR and AK-style pistol — even if only equipped with iron sights…forget optics with long eye relief — appears to be covered here, requiring either registration as a short-barrel rifle, removal of the brace (and rendering it unusable) or removing the current barrel and replacing it with one that’s at least 16 inches long.

Oh, and the rule doesn’t just apply to AR and AK type pistols.

That’s one of Black Collar Arms’ bolt action Pork Swords (disclosure: Black Collar is co-owned by our own Jeremy S.). It’s now considered a short-barrel rifle too, as long as it has a stabilizing brace attached. The same with similar brace-equipped bolt guns such as those from Remington, Q, and Christensen.

Also, note this bit of wonderfully contradictory word salad the ATF crafted in its statement announcing publication of the rule (full statement below) . . .

This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.

The rule goes into effect immediately. Owners of covered (banned) firearms have 120 days from today to take one of the steps required to make their firearm legal.

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

The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.

This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.

This rule is effective the date it is published in the Federal Register.  Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.

Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register. 

Again, you can read the ATF’s newly published rule here.