UPDATE! 11/19/2023
Federal Judge Matthew Kacsmaryk blocked the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing a ban on arm braces for pistols, deeming the new rule unlawful. Judge Kacsmaryk’s decision covers the entire country! To be continued….
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 final rule was published in the Federal Register on January 31, 2023. Booooo!
Here’s the gist of the new ruling by the ATF:
If you are handicapped you may use it because it’s a firearm accessory; If you NOT handicapped; it’s not an accessory, it’s a stock.
Unfortunately, the options you have
1. Take off the brace.
2. make it a rifle by making it a 16” barrel by pinning a barrel extension on it.
3. register it as an SBR with a ATF FORM 1 (in that case you can put any stock shell you want on it)
There was a recent judgement that a federal judge put a hold on specific cases from individuals and firearm manufacturers, but he did not make the hold universal for everybody. So as of June 1st, you have to take off your brace, convert your barrel 16″ or do the ATF Form 1, that can be done for free for a limited time, but you will still need to have pay to have your finger prints done and submitted. You can sign up with https://eforms.atf.gov. Our suggestion IF you want to do this: have your finger print cards done first, and have your serial number ready so you can submit everything at once.
Stabilizing braces are devices designed to improve the stability and handling of firearms, particularly pistols. Intended to assist individuals with disabilities, they can be attached to a pistol’s buffer tube, providing additional support and making the firearm easier to control. The braces often resemble stocks but do not meet the legal definition of a shoulder stock, making them more accessible for purchase before the ruling by the ATF.
Impact on Second Amendment Rights:
The new regulations have sparked intense debate among Second Amendment advocates. Critics argue that these measures infringe upon the rights of law-abiding citizens and create unnecessary bureaucratic hurdles. They argue that stabilizing braces do not fundamentally change the function or intent of a pistol and should NOT be subject to the same restrictions as short-barreled rifles.
The problem:
The biggest problem is the ATF is saying that it is an accessory when a handicapped person is using it, if your not handicapped, than its a stock! With the stabilizing brace was it was originally designed for the handicapped, and therefore is protected by Americans with disabilities act. By telling the public, they cannot use this for a stabilizing brace, they are essentially telling the handicap they may not use a handicap device because who is really handicapped? What is actually happening is abuse of power by the Biden administration influence over the ATF to force a decision they cannot make because that cannot get it done in Congress. ATF does not have any power to make new laws on Firearms, only Congress. Our prediction is this will end up in the courts, and just as Trump lost the case with the bumpfire stocks, the Biden administration (ATF) will fail at this as well.