Final Pistol Brace Rule Drops

 The ATF's new rule on pistol braces was released today. From the Department of Justice news release:

The rule goes into effect on the date of publication in the Federal Register. The rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.

Well, braces that comply with the new rule. As the ATF's news release elucidates:

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.

You can download the final rule here. A non-inclusive pictorial example of braces and setups that are deemed SBRs under the new rule can be found here. The proposed rule had a worksheet with fairly objective criteria and a point system to determine whether a weapon configuration and particular brace would qualify, but the final rule has dropped the use of the worksheet in favor of a more subjective list of criteria to consider whether a weapon qualifies so it will be impossible for someone to determine it on their own. (See p. 269). I view this as a conscious decision to make the rule as difficult and odious as possible. 

    One of the criteria that deserves a bit more discussion is how the brace attaches to the weapon. The specific criteria reads: "whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations[.]" Looking through the examples, this seems to pretty much rules out using a brace with any weapon other than an AR style pistol requiring a buffer tube. In fact, under the explanations given by the rule, any sort of extension--even if it is straight and offers no surface to rest against your shoulder--can turn a pistol into an SBR unless it is necessary for the cycle of operation. 

    Page 271 begins with the options for people that have a pistol with brace that the ATF now considers to be an SBR. It provides five options for firearm owners which I'll paraphrase below (see the actual document to get the specific legal requirement):

1. Convert the pistol to a rifle by replacing the pistol-length barrel with a rifle-length barrel;
2. Register the weapon with the ATF as an SBR;
3. Remove and destroy the brace;
4. Turn the firearm into your local ATF office; or
5. Destroy the firearm (which act of destruction has to be documented).