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
NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

NRA-ILA Applauds House Passage of Veterans Protection Bill

News  

Thursday, May 21, 2026

NRA-ILA Applauds House Passage of Veterans Protection Bill

Today, the U.S. House of Representatives passed H.R. 1041, the Veterans 2nd Amendment Protection Act. This bill, sponsored by Chairman Mike Bost (R-IL-12) would reverse a controversial and deeply troubling policy that stripped veterans of ...

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

Wednesday, May 20, 2026

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

A petition for a writ of certiorari has been filed in the NRA-supported case, Kipke v. Moore, seeking Supreme Court review of Maryland’s sweeping carry restrictions enacted under the Gun Safety Act of 2023.

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Friday, May 22, 2026

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Yesterday, the House Gun Violence Prevention Committee passed HB 4471. The bill is now eligible for a floor vote.

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.