PISTOL BRACE RULING

Ruling published as of 01/31/2023 on the federal register HERE. Tax free registration ‘grace period’ ends May 31, 2023 for trusts with property notarized prior to 1/31 and individuals. Any new trusts and/or additions will be taxed under the NFA. 

*Newly Updated* ATF eForm 1 guidance can be found HERE

        The final rule issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) outlines the factors that the agency considers when evaluating firearms that are equipped with a purported “stabilizing brace” or other rearward attachment to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968 (GCA), which is a “rifle” or “firearm” subject to regulation under the National Firearms Act (NFA). This means that if a weapon is equipped with an accessory, component, or other rearward attachment that provides surface area that allows the weapon to be fired from the shoulder, it would be considered a “rifle” or “short-barreled rifle” under the GCA or NFA.

If you have a firearm with a stabilizing brace that is considered a “short-barreled rifle” under the GCA or NFA, you have the option to register the weapon per the requirements of the NFA. If you choose to register a stabilizing-brace equipped SBR, you will not have to pay the NFA registration tax, provided you submit your NFA registration application to ATF within 120 days of the publication of the final rule.

ATF does not have a list of specific “braces” that qualify in making a pistol into a short-barreled rifle (SBR). The agency regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as “stabilizing braces.” If you want to determine if your “brace” device makes a pistol an SBR, you can visit the ATF’s website at https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces where you will find examples of commercially available firearms sold with “stabilizing braces” and common weapon platforms equipped with “stabilizing braces” that are considered SBRs.

Please see the ATF’s FAQ page about this Rule for further details HERE.