Explore The NRA Universe Of Websites

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

As we explained at the time, the ATF took the position in that letter that merely affixing the stabilizing brace to a pistol did not constitute the “making” of an NFA firearm. Firing the braced pistol from the shoulder, however, was held to constitute a “redesign” of the firearm that brought it under the jurisdiction of the National Firearms Act (NFA), with all the additional regulations that classification entails.

This directly contradicted earlier advice the ATF had provided, in which the agency stated, “firing a pistol from the shoulder would not cause the pistol to be reclassified as an SBR.” Nor, advised the ATF in the earlier guidance, would using a stability brace improperly as a shoulder stock “change the classification of the weapon per federal law.”

ATF’s latest guidance on the matter was provided in response to a request by stabilizing brace manufacturer SB Tactical to reconsider the position taken in the Jan. 6, 2015 Open Letter. It was not issued as an open letter, rather as a direct response to SB Tactical’s outside counsel from ATF’s Assistant Director of Enforcement Programs and Services, Marvin G. Richardson.

The letter – dated March 21, 2017 – appears aimed at reconciling ATF’s past positions. It notes that the NFA defines a regulated firearm to include “a rifle having a barrel or barrels of less than 16 inches in length.” The law further defines a “rifle” as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder … .” In general, the letter indicates, “a pistol with a barrel less than 16 in length and an attached shoulder stock is an NFA ‘firearm.’”

The new letter maintains the position that “the use of stabilizing braces, as designed, would not create a short-barreled rifle when attached to a firearm.”

But it then goes on to clarify that “an NFA firearm has not necessarily been made … even if the attached firearm happens to be fired from the shoulder.”

Rather, the ATF will employ “both objective and subjective analyses” to determine the legal significance of the attachment of a brace to a pistol and its subsequent use as a shoulder stock.

In particular:

If … the shooter/possessor takes affirmative steps to configure the devise for use as a shoulder stock— for example, configuring the brace so as to permanently affix it to the end of a buffer tube, (thereby creating a length that has no other purpose than to facilitate its use as a stock), removing the arm-strap, or otherwise undermining its ability to be used as a brace – and then in fact shoots the firearm from the shoulder using the accessory as a shoulder stock, that person has objectively ‘redesigned’ the firearm for purposes of the NFA.

Yet the letter goes on to state:

To the extent the January 2015 Open Letter implied or has been construed to hold that incidental, sporadic, or situational ‘use’ of an arm-brace (in its original approved configuration) equipped firearm from a firing position at or near the shoulder was sufficient to constitute ‘redesign,’ such interpretations are incorrect and not consistent with ATF’s interpretation of the statute or the manner in which it has historically been enforced.

The practical upshot of ATF’s clarification obviously leaves some room for interpretation.

What seems clear, however, is that attaching a stabilizing brace to a pistol expressly to create an SBR to fire from the shoulder – particularly when it involves alterations or processes that would undermine the use of the brace for its intended purpose of facilitating one-handed pistol fire – creates an NFA firearm.

On the other hand, ATF no longer takes the clearly untenable position that any shouldering of a braced pistol automatically constitutes the regulated “making” of an NFA firearm.

This is good news for manufacturers and the gun-buying public alike and is a hopeful sign that commonsense and reason – rather than Obama-era antigun politics– will again be the watchwords for ATF’s enforcement of federal firearms laws.

TRENDING NOW
Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Thursday, February 5, 2026

Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Today, the Virginia House of Delegates added half a dozen gun control bills to the floor agenda for votes and promptly passed the bills giving little notice to the public.

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

News  

Monday, February 2, 2026

Unnecessary Roughness: NFL Player Hit with Felony Arrest for Lawfully Owned Gun

One bill has stood above the rest for decades as NRA-ILA’s top federal priority, and the New York City Metro area has once again shown why.

Hawaii Introduces “Anti-Wolford” Bill

News  

Monday, February 2, 2026

Hawaii Introduces “Anti-Wolford” Bill

The United States Supreme Court has barely finished hearing oral arguments in Wolford v. Lopez, the Hawaii “vampire rule” litigation, and already Aloha State lawmakers have been panicked into an attempt at a preemptive legislative workaround.  ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Thursday, February 5, 2026

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Last night, the New Mexico Senate Judiciary Committee passed an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. We ...

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Anti-Gun Legislation Continues to Advance in Both Chambers

Tuesday, February 3, 2026

Virginia: Anti-Gun Legislation Continues to Advance in Both Chambers

Yesterday, the Senate Committee on Finance and Appropriations, passed Senate Bill 763, which imposes an 11% excise tax on the sale of all firearms and ammunition "by a dealer in firearms, firearms manufacturer, or ammunition vendor," and ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Pennsylvania: House Passes Trojan Gun Control Bill

Monday, February 2, 2026

Pennsylvania: House Passes Trojan Gun Control Bill

On Monday, February 2, the Pennsylvania House voted 104–94 to approve legislation that amounts to disguised gun control. House Bill 1909 was originally promoted as a measure to crack down on repeat restraining order violators. ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.