The Pistol Brace Clock Just Hit Zero
While a series of preliminary injunctions for certain plaintiffs have been issued, for most owners of stabilizing pistol braces, June 1 hits a little differently.
The Biden Administration’s controversial and arbitrary rule on pistol stabilizing braces set a May 31 deadline for owners of upwards of 40 million large-format pistols equipped with such long-legal devices to comply with the new regulations as enforced by the ATF.
Acceptable options included (1) removing the brace (which was explained by the ATF director to Congress although many legal scholars wisely contend that may not be enough), (2) destroying the firearm altogether, (3) surrendering the firearm to ATF, (4) reconfiguring the pistol as a rifle with a barrel at least 16 inches long, or (5) registering the braced pistol as a “tax-free” NFA-regulated short-barreled rifle with the ATF.
As for me, since I have several braced pistols that I am publicly tied to, I did a mix of Nos. 4 and 5 above as, in my opinion, No. 1 was too vague and Nos. 2 and 3 just plain out of the question.
Other than that, those found with a pistol fitted with a stabilizing brace installed– currently seen as an unregistered SBR by the federal government– starting June 1, could face felony charges that carry up to 10 years in prison and a $100,000 fine.
Is anyone coming through the window to find out what is in your safe? No, but should you choose non-compliance, don’t pull the dummkopf move of taking your “illegal SBR” to the range and have someone see you with it, or ever taking a photo of it.
When it comes to legal challenges, sadly, there was no 11th-hour “Hail Mary” style nationwide injunction of the rule although there are several cases filed in federal court as to the constitutionality of the ATF’s final brace rule.
There are some pro-gun member organizations, however, that have secured more limited preliminary injunctions while their cases are being litigated– with courts signaling the challenges are likely to prevail in the end. Be aware that a final ruling on these could be years in the future.
These injunctions cover members of the Firearm Policy Coalition via Mock v. Garland, members of the Second Amendment Foundation via SAF v. Garland, and those of Gun Owners of America via Texas v. ATF. Likewise, the latter order, which the State of Texas signed on to as a plaintiff, may also exempt some Texas state employees. I say “some” because this is all very gray legally and some 2A attorneys caution that not all members of all groups may have legal protection due to the wording of the various orders and how courts interpret them.
In short, the pistol brace rule is now chugging along for better or worse and lots of legal miles are still to be covered before it is all said and done.
Be safe out there.
Good advice.
For anyone removing the brace from their pistol, may I also suggest:
(1) If it uses a receiver extension (buffer tube) that is made to work with the brace, replace that with a plain, carbine-length PISTOL tube that is neither compatible with braces nor with stocks. Don’t add crutch tips or anything else to the end of the tube.
(2) Get rid of the brace(s)! This may mean destruction, disposal, or other means. There should be no unused brace(s) sitting around where you work/live/etc.
(3) If you like a particular brace, consider keeping it on the gun and instead replace the pistol barrel with a 16-inch or longer barrel. Otherwise, replace the brace with a regular stock to use with the rifle- or carbine-length barrel.
Please note that I am not a lawyer. I’m simply looking to avoid life-altering legal entanglements, so I’m following my own advice.
Bob