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-Land of the Free

ATF Final Rule: Stabilizer Brace Owners Have 120 Days to Register Them

2023-01-15

[Breitbart] The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released its final rule on stabilizer braces Friday, noting that individuals in possession of said braces have 120 days to register them once the final rule appears in the Federal Register.

On January 13, 2023, the ATF announced that U.S. Attorney General Merrick Garland signed the final stabilizer brace rule.

The ATF notes:

This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.

In a more expansive explanation of the rule, the ATF pointed out options that individuals and FFLs (Federal Firearm License holders) possess if they are currently in possession of an AR pistol with a stabilizer brace.

Once the rule appears in the Federal Register, owners of AR pistols with stabilizer braces have 120 days to fulfill one of these five options:

Should individuals and FFLs be in possession of a firearm with an attached “stabilizing brace” such that the firearm constitutes a firearm under the NFA [National Firearm Act] in addition to the GCA [Gun Control Act], the affected persons or FFLs will need to choose one of the following options.

The options presented in the final [rule] are:

• Scenario 1: Turn in the entire firearm with the attached “stabilizing brace” to ATF;
• Scenario 2: Destroy the whole firearm;
• Scenario 3: Convert the short-barreled rifle into a long-barreled rifle;
• Scenario 4: Apply to register the weapon under the NFA; or
• Scenario 5: Permanently remove and dispose of, or alter, the “stabilizing brace” from the firearm so that it cannot be reattached.

The ATF suggests that braces intended to be fired without shouldering the gun may remain legal: “This rule does not affect ‘stabilizing braces’ that are objectively designed and intended as a ‘stabilizing brace’ for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the ‘stabilizing brace’ is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.”

Gun Owners of America, which brought a successful lawsuit last month to block many of Oregon’s new gun controls, has already made clear a lawsuit against the ATF’s stabilizer brace rule will be forthcoming.

Gun Owners of America’s Erich Pratt said, ““This admin continues to find ways to attack gun owners. We will continue to work with our industry partners to amplify the disapproving voices in the firearms industry and Gun Foundation, our sister legal arm, will be filing suit in the near future.”

Posted by:Skidmark

#10 Just about the length of, uhm... compensator threads.

Posted by: Skidmark 2023-01-15 21:04

#9 You only need the barrel to be 1/4 inch beyond the arbitrary minimum and you are good to go. This is a phony problem.

Posted by: M. Murcek 2023-01-15 11:40

#8 Short-Barreled Rifles (Wiki) :"The United States' regulation of short-barreled rifles was the result of the National Firearms Act of 1934 which also imposed restrictions on short barreled shotguns, suppressors and machine guns.[3] Short-barreled rifle (SBR) is a legal designation in the United States, referring to a shoulder-fired, rifled firearm, made from a rifle, with a barrel length of less than 16 in (41 cm) or overall length of less than 26 in (66 cm), or a handgun fitted with a buttstock and a barrel of less than 16 inches length. In the United States, an SBR is an item regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as a Title II weapon. In the absence of local laws prohibiting ownership, American civilians may own an SBR provided it is registered with the ATF, and a $200 tax is paid prior to taking possession of or creating the firearm."

TL/DR: You put a removable 'brace' or stock on a pistol and it becomes a SBR and you have to apply for a Tax Stamp from the ATF ("Pretty please, may I?").

Posted by: magpie 2023-01-15 11:22

#7 ^ Agreed. But the wheel must turn again to arrive at what we already know.

Posted by: M. Murcek 2023-01-15 10:15

#6 The rationale is the same, though - Congress didn't grant the ATF the authority to make those rules.

Posted by: Raj 2023-01-15 10:08

#5 ^ Bump stock. Not the same thing.

Posted by: M. Murcek 2023-01-15 09:53

#4 I thought this had ALREAY been struck down by a court.

Posted by: Chris 2023-01-15 09:51

#3 Judicial, Executive, Legislative...and ....Administrative . Hadn't you been paying attention to the revised Constitution?

Posted by: Mercutio 2023-01-15 09:13

#2
Last Time I checked.
The US Federal Courts ruled no Federal Agency has the authority to just decide to make rules that infringe on and violate the US Constitution Rights.

Otherwise, we'd be living under an Authoritarian style government, with our rights subject to any unelected bureaucrats' whims.

Oops! What was I thinking, saying rights?
That is exactly what we have been seeing in DC. lately.

Unelected bureaucrats' deciding what our rights are.

Posted by: NN2N1 2023-01-15 07:41

#1 Where is the law enacted by congress? How could this stand up in court?

Posted by: Woodrow 2023-01-15 00:46

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