Tag Archives: brace control

Your pistol brace countdown starts today

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In the predawn hours on Tuesday morning, the Bureau of Alcohol, Tobacco, Firearms, and Explosives published its final Stabilizing Braces rule in the Federal Register. 

With an effective date of Jan. 31, 2023, the new 98-page rule, unless successfully challenged in the courts, will fundamentally outlaw the use of pistol stabilizing braces in their current form, instead reclassifying large format handguns so equipped with one as a short-barreled rifle to be regulated under the National Firearms Act of 1934. 

Federal regulators have classified the accessories since 2012 as being compliant with the NFA, and Congressional Research Service estimates run as high as 40 million braces in circulation. 

“Any weapons with ‘stabilizing braces’ or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023,” notes ATF. Alternatives include handing the firearm over to the agency, destroying it, converting the pistol to a normal rifle with a barrel at least 16 inches long, or “permanently” removing the brace so that it can’t be reattached. 

The modern brace as introduced and extensively patented by SB Tactical came about after USMC and Army veteran Alex Bosco went shooting with a disabled combat vet who was having such a hard time shooting on the range that the RSO stopped him over safety concerns due to lack of control. Bosco then created the prototype for the brace in his garage and submitted the design to ATF for approval. 

In a November 2012 letter from the agency, regulators at the time noted: 

The submitted brace, when attached to a firearm, does not convert that weapon to be fired from the shoulder and would not alter the classification of a pistol or other firearm. While a firearm so equipped would still be regulated by the Gun Control Act … such a firearm would not be subject to NFA controls.

The new rule seems to only be popular with a minority of gun control advocates and the White House. By the ATF’s own admission, of the 237,000 comments logged over the proposed rule last year, “There were over 217,000 comments opposed to aspects of the rule.”

There are sure to be legal challenges to the new rule by firearms industry groups and Second Amendment organizations. As for SB Tactical, they said on Monday, “We are still here and have not left you. At this point, we have to let the legal team do what they have been preparing to do for a very long time. Nothing is over, and we are still in the fight. More to come soon.”

Just 5 Days Left to Get Brace Comments In

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Ironically, the rule would allow you to keep this pistol, just get rid of the base, because, somehow, “the brace is what makes it dangerous”

The public comment period on a plan by the White House and federal gun regulators to crack down on the legal use of stabilizing pistol braces is closing in the coming days. 

The proposed rulemaking by the Bureau of Alcohol, Tobacco, Firearms and Explosives largely bans the use of popular stabilizing braces on pistols by proffering a complicated multi-part test to determine if large-format handguns equipped with such braces could stray into being illegal short-barreled rifles.

The comment period is open until Sept. 8 and, as of Thursday morning, only had 149,960 comments listed. By comparison, almost twice as many comments were logged on the ATF’s proposed rule change on firearm frames and receivers, which ended last month.

Keep in mind that there are as many as 40 million braces in circulation right now, meaning only like 0.37 % of brace owners have taken five minutes to weigh in on the issue. My bet is that most don’t know what is coming, which could be bad for them. Like 10 years in prison kinda bad.

Submit your comments in these easy steps:

  1. Visit regulations.gov using this hyperlink
  2. Click the “Comment” button on the “Proposed Rule”
  3. Explain how it would affect you in a reasoned, polite comment that specifically says that you are opposed, or somehow in support of, the rule. 
  1. Enter your e-mail address (scroll down)
  2. Fill out the “Tell us about yourself” section
  3. Hit submit

The Pistol Brace Test is a Stone Cold Nightmare

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With a 71-page proposed rule to clarify when attached stabilizing brace accessories convert pistols into illegal short-barreled rifles now open for public comment, we disastrously attempted to apply it.

In a test with a pair of unloaded large-format AR-style pistols, I sat down with my buddy Ben Philippi to honestly wade through the minefield of potential disqualifiers on proposed ATF Form 4999 to determine if a pistol/brace combos selected– which are legal now– would continue to be so should the rule goes into effect as-is.

And it didn’t work out very well.

The proposed rulemaking, “Factoring Criteria for Firearms with Attached Stabilizing Braces” as of June 24, has 102,000 public comments.

The last day to file comments is Sept. 8.

Kafkaesque Pistol Brace Rules Released

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There are between an estimated 3 and 7 million (that’s a big swing) stabilizing braces on the market right now, all of which got there after the SB15 brace was released just a decade ago. ATF has been notoriously squishy on the legality of braces, especially at the intersection of its use on a handgun to the point that it turns a pistol into an illegal short-barreled rifle or SBR. Unregistered SBRs can get you a dime in the federal hoosgow.

You sitting in the federal hoosgow, looking to trade a pack of mackerel fillet to make unwanted friends in the shower:

“What are you in for?” says the broker

“I added a plastic stock that is not a stock to my pistol and the ATF found out and, it turns out, they ruled it was a stock,” says you.

“That mack got soybean oil or water?”

“Water…”

Zipppppp

Anyway, to keep clear of just what is illegal or not, the DOJ today released a proposed rule that is so simple it has a 71-page explainer to it. It includes a new ATF form (#4999), a two-sheeter that walks you through if your pistol with a brace on it is legal, or an SBR in three easy-to-figure-out sections.

Heavier than 64 ounces and between 12 and 26 inches? Boom, just failed Section I on ATF 4999, head to Section II.

There, if you earn a maximum of three points, proceed to Section III. Have over four points, and you are out of compliance and have an extremely dangerous SBR. So dangerous it only magically becomes safe for the public to own after you pay a $200 tax and wait 10 months for the paperwork to clear. 

At Section III, you can earn a maximum of three more points to keep your brace/pistol combo legal. Four or more, which can be earned even by installing “peripheral accessories” that would show you “intend to shoulder” your pistol, such as a bipod and/or short eye relief optics, or BUIS sights and it’s an SBR even if you passed Section II.

Sounds “simple”, right?

Check out these three examples in the proposed rule. One is (barely) legal, with 3 points in both Sections II & III; the second is an SBR, with 8 and 5 points in each section, and the third is also hot with a combination of 23 points on the worksheet.

 

The thing is, the photos, to the average user, look almost identical.

It is almost as if the feds want to make it so complicated and sow so much confusion and angst over the legal use of braces that most gun owners won’t even bother in an abundance of caution.

HEYYYY-OH!

Worse, what about the average gun owner who bought one of these, legally, at their local gun store thinking it was neat or cool, then they take it to the range five years from now (the proposed rule has no grandfathering) and a picture from that trip makes it to social media and someone casually tags the ATF in it. 

Oof. 

If you are one of the 4+ million Stabilizing Brace Owners, now is your time

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Federal regulators on Friday set off the starting pistol in the race to establish what stabilizing brace makers term the largest firearm registration scheme in American history. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives scheduled its proposed 15-page “Objective Factors for Classifying Stabilizer Braces” to publish Dec. 18 in the Federal Register, the official journal of the federal government, for public inspection. Americans have two weeks to provide feedback on the plan, which could be the last chance to make their voice heard on the issue before ATF moves forward.

Written comments on the ATF proposal must be postmarked by, and electronic comments must be submitted on or before Jan. 1, 2021, by midnight Eastern time. SB Tactical is also encouraging members of the public, who are concerned about the issue, to reach out to their lawmakers in Congress as well as the White House.

More background on the brace issue in my column at Guns.com here and here.