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
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

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.