Pistol Brace Configuration: Legal Compliance For Gun Owners

Pistol braces have been the subject of much debate in the gun community in recent years, with conflicting information about their legality. A pistol brace is an attachment for AR-15 pistols, designed to help control the pistol one-handed more effectively and decrease muzzle rise. It can be attached to the user's forearm or elbow pit.

In 2023, the ATF issued a ruling that clarified when a rifle is designed to be fired from the shoulder, stating that if a rifle has a barrel measuring under 16 inches and is fitted with a brace, it is considered a short-barrelled rifle (SBR) and must be registered. This caused confusion and concern among gun owners, with some arguing that the ATF was overstepping its authority and not providing clear guidance.

The ruling has since been challenged in court, with a federal judge vacating the ATF's Final Rule and preventing the Bureau from enforcing it. As of now, pistol braces are legal, but the fight over their legality is ongoing, and the ATF could attempt to enforce new regulations in the future.

The ATF's stance on pistol braces through the years

The ATF's stance on pistol braces has shifted several times over the years, causing confusion and concern among gun owners. Here is a summary of the ATF's position on pistol braces through the years:

2012: The ATF initially clears the pistol brace device, stating that it "does not convert [a] weapon to be fired from the shoulder and would not alter the classification of a pistol or other firearm." This was in response to SB Tactical's due diligence inquiries before launching the product, which was designed to help shooters with only one hand and arm.

2013: SB Tactical partners with Sig Sauer and Century Arms for the exclusive sales of their pistol braces, and the first Pistol Stabilizing Braces hit the market in May.

2014: The ATF clarifies that even when shouldered, a braced AR pistol does not constitute a Short-Barreled Rifle (SBR). An AR pistol remains an AR pistol regardless of how the shooter uses the brace.

2015: The ATF publishes a letter reversing its 2014 stance, stating that braces are not designed for shouldering, and doing so would create an SBR. This causes confusion and contradiction within the gun community.

2017: After a two-year battle with Sig Sauer and SB Tactical, the ATF reverts to its previous position, stating that firing a pistol brace from the shoulder does not reclassify the gun.

2020: The ATF reignites the brace debate with a legal battle against gun maker Q's Honeybadger AR pistol, which features an SB Tactical pistol brace. The ATF argues that the Honeybadger is an SBR, not an AR pistol, and all owners must register with them.

December 2020: The ATF publishes a 16-page proposal in the Federal Registrar, offering "proposed guidance" on classifying weapons with stabilizing braces. This proposal faces immediate backlash, with over 60,000 comments in opposition and a letter of rejection from 90 House members.

December 23, 2020: The Department of Justice reverses course and withdraws the proposal, though it is still "pending further review."

June 2021: The ATF proposes a points system to help gun owners determine if their builds fall into SBR territory. This system considers factors such as the weight and length of the firearm, the presence of a buffer tube, and the design of the brace.

January 13, 2023: The ATF officially declares its stance on braces, publishing new criteria that clarify when a rifle is designed, made, and intended to be fired from the shoulder. This rule states that a rifle includes any accessory, component, or rearward attachment that "provides surface area that allows the weapon to be fired from the shoulder."

January 31, 2023: The ATF publishes the Final Rule for Stabilizing Braces, giving possessors of rifles or pistols with these devices 120 days to register them. This rule specifies that a braced AR pistol with a barrel under 16 inches and an overall length less than 26 inches qualifies as an SBR.

The ATF's stance on pistol braces has evolved over the years, with shifts in interpretation and enforcement. Gun owners have expressed concern and confusion over these changes, leading to ongoing debates and legal challenges.

The difference between a pistol brace and a buttstock

Pistol braces and buttstocks differ in several ways, from their design and functionality to the legal implications of their use.

A pistol brace, also known as a stabilising brace, is an accessory that attaches to the rear of a pistol, allowing it to be fired one-handed. It typically features a strap that secures the brace to the shooter's forearm using Velcro. This helps stabilise the pistol, especially for disabled shooters who may struggle to control and fire AR and AK-style carbines. Pistol braces are usually made of lightweight polymer or metal to avoid adding excessive weight to the firearm.

In contrast, a buttstock is an attachment at the end of a rifle that rests against the shooter's shoulder, helping to manage recoil and maintain control of the weapon. Buttstocks come in various types, including fixed, folding, and telescoping, and are commonly made from metal, wood, or polymer. They also feature a "comb," a surface area where the shooter's cheek rests while aiming down the rifle sights. This gives buttstocks their characteristic triangular shape, which differs from the more "L-shaped" design of pistol braces.

The distinction between pistol braces and buttstocks is crucial because, under US law, equipping a pistol with a buttstock transforms it into a short-barrelled rifle (SBR), which requires a tax stamp and approval from the ATF to avoid felony charges. The ATF has issued conflicting statements regarding the legality of shouldering a pistol brace, but as of March 2021, it is permitted as long as it is "incidental, sporadic, or situational." However, modifying a pistol brace to make it more comfortable for shouldering is considered a redesign, effectively converting the pistol into an SBR.

The legal definition of a rifle

• Designed or redesigned to be fired from the shoulder.
• Made or remade to use the energy of an explosive in a fixed cartridge.
• Able to fire only a single projectile through a rifled bore for each pull of the trigger.

According to the ATF, a rifle is a firearm with a barrel measuring 16 inches or more that is designed to be fired from the shoulder. This includes any accessory, component, or rearward attachment that "provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder."

A rifle with a barrel length under 16 inches is considered a Short-Barreled Rifle (SBR) and is regulated under the National Firearms Act. Possessing or manufacturing an SBR without the proper authorisation and paperwork from the ATF is illegal.

The definition of a rifle is important in the context of pistol braces because attaching a brace to a firearm can change its classification. If a pistol is modified by the end-user to accept a shoulder stock, it legally becomes a rifle. Therefore, adding a brace to an AR pistol with a barrel length under 16 inches would constitute manufacturing an SBR, which is illegal without the necessary authorisation and paperwork.

However, as of March 2021, the ATF has stated that it is legal to shoulder an AR pistol fitted with a stabilising brace, as long as it is done "incidental [ly], sporadic [ally], or situational [ly]." Modifying or adapting the pistol brace to make it more comfortable to use as a shoulder stock would constitute redesigning the device, and thus legally converting the AR pistol into a rifle (and possibly an SBR).

The National Firearms Act and its requirements

The National Firearms Act (NFA) was enacted in 1934 as an Act of Congress in the United States. The NFA imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.

The NFA was originally enacted in 1934, and similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act. It also imposed a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury.

The NFA defines a number of categories of regulated firearms, which are collectively known as NFA firearms. These include:

• Short-barreled rifles (SBRs)
• Short-barreled shotguns (SBSs)
• Destructive devices (DDs)
• Any other weapon (AOW)

The NFA also outlines requirements for registration, purchases, taxes, and transfers of NFA firearms. Private owners wishing to purchase an NFA item must obtain approval from the ATF, pass an extensive background check, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax.

Violations of the NFA can result in up to 10 years in federal prison, forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future. It is important to stay informed about the laws and regulations surrounding firearm ownership and to consult with legal professionals when necessary.

The ATF's point system for classifying weapons

• Type and Caliber: The type and calibre of the firearm to which the stabilising brace is attached. A large-calibre firearm that is impractical to fire with one hand, even with a brace, is likely to be considered a rifle or shotgun.
• Weight and Length: The weight and length of the firearm with the stabilising brace. A firearm that is too heavy or long to fire or aim with one hand is likely to be considered a rifle or shotgun.
• Length of Pull: The distance from the trigger to the point where the stock meets the shoulder. This measurement is used for rifles and shotguns to accommodate shooters of different sizes. A brace is generally expected to be shorter than a stock.
• Attachment Method: The method of attaching the stabilising brace, including modified stock attachments, extended receiver extensions, and the use of spacers. These items extend the distance between the trigger and the part of the weapon that contacts the shooter, indicating that the weapon is designed to be fired from the shoulder.
• Stabilising Brace Design Features: The comparative function of the attachment when used as a stabilising brace or a shouldering device; the design compared to known shoulder stock designs; the amount of rear contact surface area; the material used; any shared or interchangeable parts with known shoulder stocks; and any other feature that improves the weapon's effectiveness when fired from the shoulder without providing a corresponding benefit to stability when used on the arm.
• Aim Point: If the aim point when using the arm brace attachment results in an upward or downward trajectory that could not accurately hit a target, this may indicate that the attachment is not designed as a stabilising brace.
• Secondary Grip: The presence of a secondary grip may indicate that the weapon is not a "pistol" because it is not designed to be fired with one hand.
• Sights and Scopes: The incorporation of sights or scopes with eye relief incompatible with one-handed firing may indicate that the weapon is designed to be fired from the shoulder and is not a "pistol".
• Peripheral Accessories: The installation of peripheral accessories commonly found on rifles or shotguns, such as bipods/monopods or high-capacity magazines, may indicate that the firearm is not designed to be fired with one hand, even with a stabilising brace.

The ATF considers these factors holistically on a case-by-case basis, and no single factor or combination of factors is necessarily dispositive. The ATF also considers the marketing of the item and the firearm to which it is attached, compared to the manufacturer's stated intent.

Frequently asked questions