Explore The NRA Universe Of Websites

APPEARS IN News

ATF Targets Pistol Stabilizing Braces in New Rulemaking

Wednesday, June 9, 2021

ATF Targets Pistol Stabilizing Braces in New Rulemaking

On June 7th, ATF published a new notice of proposed rulemaking on its website entitled Factoring Criteria for Firearms with Attached “Stabilizing Braces”. The proposed rule has not yet been published in the Federal Register, and interested parties will have 90 days to comment on the proposed rule once it is published.

The rule seems aimed at making nearly all configurations of firearms equipped with stabilizing braces subject to the taxation and registration requirements of the National Firearms Act.

Since 2012, ATF has recognized that stabilizing braces serve a legitimate function and the inclusion of a stabilizing brace on pistol or other firearm does not automatically subject that firearm to the provisions of the NFA. That’s because stabilizing braces were first designed and intended to help disabled veterans fire large format pistols.

In the intervening years, ATF has repeatedly confirmed that the inclusion of a stabilizing brace on a firearm does not make that firearm subject to the NFA. While there was a limited time between 2015 and 2017 where ATF claimed that using a stabilizing brace as a shoulder stock could “redesign” the firearm and create an NFA firearm, ATF has never taken the position that the mere inclusion of a stabilizing brace on a firearm makes it an NFA firearm.

Until now.

It should come as no surprise that the most anti-gun administration in American history would bend (and break) the rules to suit their gun control ends. The new proposed rule would make nearly all configurations of firearms with stabilizing braces into NFA firearms.

The proposed rule lays out a points system, similar to the one used for handgun importation, to determine if a given firearm when equipped with a stabilizing brace is and NFA firearm. But, unlike the handgun importation criteria, the new factoring system seems designed to ensure that few, if any, firearms can meet the criteria.

The new factoring criteria are split into three parts. First, the firearm with attached stabilizing brace must weigh at least four pounds and be between 12 and 26 inches long. Assuming the firearm fits in these parameters, then the brace is evaluated for certain features, and finally the entire firearm with brace is evaluated for a different, but similar, set of features. If the firearm receives too many arbitrarily assigned points, then it will be classified as a short-barreled rifle.

While some of the listed criteria might tend to indicate the utility of using a given firearm with a stabilizing brace, many seem entirely arbitrary, and their inclusion is clearly aimed at ensuring that certain stabilizing brace designs that ATF does not like cannot escape classification under the NFA.

For example, ATF apparently considers the physical appearance of a brace, and whether it looks similar (in ATF’s determination) to a known stock design, as an important factor in determining the utility of firing a given firearm from the user’s shoulder. Perhaps even more arbitrary, the ATF will consider how the brace attaches to the host firearm when determining if the firearm is intended to be fired from the shoulder.

Even where the criteria may give some indicia of the intent of the stabilizing brace’s design, such as rear surface area, which could gauge the utility of using the brace to fire from the shoulder, ATF sticks to arbitrarily evaluating the criteria. Rather than an objective rear surface area measurement in square inches, ATF will evaluate the rear surface of a brace to fit into four categories.

Those are:

            “Device incorporates features to prevent use as a shouldering device”

            “Minimized Rear Surface lacking features to discourage shouldering”

            “Rear Surface useful for shouldering the firearm”

            “Material added to increase Rear Surface for shouldering”

It’s unclear how gun owners are supposed to apply such an ill-defined standard, and the proposed rule is full of such problems. The rear surface area criteria also highlight that very little thought was put into many of the criteria. If a pistol stabilizing brace “incorporates features to prevent use as a shouldering device” that should mean that any firearm using that brace is per se not “designed . . . made . . . and intended to be fired from the shoulder.” Any firearm equipped with such a device should not be able to be classified as a short-barreled rifle.

ATF also does not acknowledge that the proposed rule would reverse nearly a decade of ruling that the agency has provided to manufacturers and gun owners. Federal law is very clear that an administrative agency changing its position must “display awareness” of the change and give a “reasoned explanation” for the new position. ATF fails to do either in the proposed rule.

While the government is not yet accepting comments, please check back to www.nraila.org soon for more information on how you can help stop the Biden Administration’s latest executive overreach.

TRENDING NOW
Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

News  

Monday, March 2, 2026

Out-of-Touch Mayor Learns the Hard Way Michiganders Like Guns and Dogs

“The NRA is going to be mad at me.”  So said David LaGrand (D), mayor of the second largest city in the state of Michigan. We don’t get mad, however, when firearm prohibitionists reveal their true ...

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: 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.

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.

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

News  

Monday, March 2, 2026

Oregon Ballot Initiative Would Outlaw Hunting and Traditional Farming

“Citizen-driven” ballot measures for hunting restrictions or bans are nothing new, but an Oregon initiative aiming to get on the ballot this November has the primary goal of establishing “a ban on any intentional injury ...

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.