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
Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

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.