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Disclaimer: I posted this in the gun control section, and not politics for a reason. I wanted to share information about a change that may affect SGW members, or someone they know. If you want to talk about who's responsible for this, go right ahead, but I won't participate in those discussions. I'm happy to answer technical questions about the ruling (based only on my reading of the final rule), but I'm not going to engage in conversations about the politics.
If you own a "pistol brace," you may be soon be a felon.
Let's review.
This is an AR-15 pistol. It has an 11.5" barrel, but it does not have a shoulder stock, and is not intended to be fired from the shoulder. It is NOT an NFA weapon, and possession of this firearm does NOT require registration or a $200 NFA tax stamp;
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Now, consider this AR-15. Same gun, but it is equipped with an accessory known as a "pistol brace," a device intended to fit around the shooter's forearm to help stabilize the pistol (wink, wink).
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Is the second gun still a pistol or is it a short-barrel rifle that requires a $200 NFA tax stamp? Well, since about 2014, that's a question with no clear answer.
Pistols braces initially received ATF approval based on the idea that they would allow a disabled person to fire an AR-15 pistol, like the one shown above. Of course, AR-rifle enthusiasts recognized the pistol brace as a means of skirting NFA rules and essentially obtaining a short-barreled rifle without the bother and expense of applying for a tax stamp. Gun accessory manufacturers quickly began designing braces that made it easier to shoulder the weapon. The ATF was not amused and has been trying to figure out to put the genie back in the bottle ever since.
On Jan. 13, 2023, the ATF issued a "final ruling" on pistol braces. The ruling hasn't actually appeared in the federal register yet, but once it does, owners of firearm with a barrel less than 16 inches long AND a pistol brace will have 120 days to either:
1.) Register the gun as an NFA short barreled rifle within 120 days (the ATF is waiving the $200 fee)
2.) remove the brace
3.) Destroy or surrender the gun
Once the ruling is published no pistol brace-equipped short-barreled guns can be transferred without NFA paperwork. That applies to private (unlicensed) individuals or FFLs. With a <16" barrel and pistol brace, it's a NFA short-barreled rifle and NFA rules apply.
This is a complicated thing and basically one hot mess. But understand this, if you own such a firearm you have three choices:
1.) You can register the gun within 120 days of the ruling being posted. The ATF is waiving the fee. You basically get a free NFA tax stamp. As long as you apply, you can continue to own the pistol braced gun, even if it takes longer than 120 days to get your stamp (which it will). Your receipt will suffice. Once you get the stamp, you can remove the brace and install a real buttstock. It's a short barrel rifle stamp, not a pistol brace stamp so you're good to go replacing the stock. The downside, is that NFA weapons can only be sold to someone who jumps through the hoops to get their own tax stamp. You can't just pass the trash at a gun show or sell the gun to some guy at a bar.
2.) You can simply remove the brace. With an AR-15 you have the option of using either a pistol buffer tube or a carbine type buffer tube (with adjustment notches), so long as you don't install a stock. If the buffer tube is not required for the operation of the gun (an AK-type firearm, for example) you can NOT have a "buffer tube" or anything else extending back from the receiver.
3.) You can dispose of or destroy the gun. If you read the ATF's final ruling, they don't expect people to do this.
If you own a pistol brace equipped gun, you better get up to speed. You're about to become a felon . . . as in $10,000 fine and/or 10 years in prison felon.
Here's where you start your education:
Factoring Criteria for Firearms with Attached “Stabilizing Braces”
Frequently Asked Questions
A deep dive into pistol braces from the ATF (293 pages)
If you own a "pistol brace," you may be soon be a felon.
Let's review.
This is an AR-15 pistol. It has an 11.5" barrel, but it does not have a shoulder stock, and is not intended to be fired from the shoulder. It is NOT an NFA weapon, and possession of this firearm does NOT require registration or a $200 NFA tax stamp;
Now, consider this AR-15. Same gun, but it is equipped with an accessory known as a "pistol brace," a device intended to fit around the shooter's forearm to help stabilize the pistol (wink, wink).
Is the second gun still a pistol or is it a short-barrel rifle that requires a $200 NFA tax stamp? Well, since about 2014, that's a question with no clear answer.
Pistols braces initially received ATF approval based on the idea that they would allow a disabled person to fire an AR-15 pistol, like the one shown above. Of course, AR-rifle enthusiasts recognized the pistol brace as a means of skirting NFA rules and essentially obtaining a short-barreled rifle without the bother and expense of applying for a tax stamp. Gun accessory manufacturers quickly began designing braces that made it easier to shoulder the weapon. The ATF was not amused and has been trying to figure out to put the genie back in the bottle ever since.
On Jan. 13, 2023, the ATF issued a "final ruling" on pistol braces. The ruling hasn't actually appeared in the federal register yet, but once it does, owners of firearm with a barrel less than 16 inches long AND a pistol brace will have 120 days to either:
1.) Register the gun as an NFA short barreled rifle within 120 days (the ATF is waiving the $200 fee)
2.) remove the brace
3.) Destroy or surrender the gun
Once the ruling is published no pistol brace-equipped short-barreled guns can be transferred without NFA paperwork. That applies to private (unlicensed) individuals or FFLs. With a <16" barrel and pistol brace, it's a NFA short-barreled rifle and NFA rules apply.
This is a complicated thing and basically one hot mess. But understand this, if you own such a firearm you have three choices:
1.) You can register the gun within 120 days of the ruling being posted. The ATF is waiving the fee. You basically get a free NFA tax stamp. As long as you apply, you can continue to own the pistol braced gun, even if it takes longer than 120 days to get your stamp (which it will). Your receipt will suffice. Once you get the stamp, you can remove the brace and install a real buttstock. It's a short barrel rifle stamp, not a pistol brace stamp so you're good to go replacing the stock. The downside, is that NFA weapons can only be sold to someone who jumps through the hoops to get their own tax stamp. You can't just pass the trash at a gun show or sell the gun to some guy at a bar.
2.) You can simply remove the brace. With an AR-15 you have the option of using either a pistol buffer tube or a carbine type buffer tube (with adjustment notches), so long as you don't install a stock. If the buffer tube is not required for the operation of the gun (an AK-type firearm, for example) you can NOT have a "buffer tube" or anything else extending back from the receiver.
3.) You can dispose of or destroy the gun. If you read the ATF's final ruling, they don't expect people to do this.
If you own a pistol brace equipped gun, you better get up to speed. You're about to become a felon . . . as in $10,000 fine and/or 10 years in prison felon.
Here's where you start your education:
Factoring Criteria for Firearms with Attached “Stabilizing Braces”
Frequently Asked Questions
A deep dive into pistol braces from the ATF (293 pages)
