WASHINGTON D.C. –-(Ammoland.com)- On Monday, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released its proposed rule on pistol braces.
It starts by saying that any brace that the manufacturer intends to be fired from the shoulder will be considered a short-barreled rifle (SBR) and subjected to the National Firearms Act (NFA). The document further creates a points system that would allow the ATF to make most pistol braces SBR.
The maximum length of a pistol would be 26 inches. That would make any AR15 style pistol with a barrel over seven inches an SBR regardless of any other determination features. The measurements of a seven-inch AR pistol from the rear of the buffer tube to the front of the gun are 25 inches.
The document reads:
“Given the public interest surrounding these issues, ATF is proposing to amend the definition of ‘rifle’ in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition. The new sentence would clarify that the term ‘rifle’ includes any weapon with a rifled barrel and equipped with an attached ‘stabilizing brace’ that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder, as indicated on ATF Worksheet 4999.”
- 1 point: Minor Indicator (the weapon could be fired from the shoulder)
- 2 points: Moderate Indicator (the weapon may be designed and intended to be fired from the shoulder)
- 3 points: Strong Indicator (the weapon is likely designed and intended to be fired from the shoulder)
- 4 points: Decisive Indicator (the weapon is designed and intended to be fired from the shoulder
The ATF would consider any gun with a score of four or more points an SBR. Firearms over 13 ½ inches would automatically be an SBR. If a pistol has a standard buffer tube, then the firearm would be assigned two points. The ATF would consider any gun that is over 120 ounces unloaded an SBR.
More confusingly, if a firearm has flip-up sights, then the ATF would give that gun one point towards becoming an SBR. The ATF would assign a gun with a red dot two points. The ATF doesn’t see why a shooter would use a red dot pistol on a pistol.
The ATF would assign any gun with a hand stop two points. That would put any firearm with a hand stop halfway to becoming an SBR. The ATF would consider any gun with a secondary grip as an SBR.
The ATF encourages all companies to resubmit their sample firearms to the ATF’s Tech Branch to be reexamined. It would cost the companies thousands of dollars for almost no chance of getting another determination letter stating that they can sell their gun as a pistol.
Even if a manufacturer’s product scores under four points, the ATF could determine that the company is trying to circumvent the NFA. The ATF could choose to charge the company with a crime. This power could discourage companies from selling braced pistols even if the ATF rules it is a pistol.
The ATF firearms like the Mossberg Shockwave and the TAC-14 will be considered Short-Barreled Shotguns (SBS). There is no way to get any “shotgun-based” guns that could make it through the new regulations.
The ATF gives gun owners several choices.
The first choice is turning the guns into the ATF. The ATF says this choice would be at “no-cost” to gun owners. This move is gun confiscation. The second choice would be to install a barrel that more than 16 inches long. The third choice is to pay a $200 tax stamp and register it as an SBR. The final option would be to modify the brace and not sell it to anyone in the future.
The document gives some alternatives. These alternatives include making the rules just guidance. That chance would mean that they would not have the force of law. Other alternatives include grandfathering all firearms with braces or forgiveness of the tax stamp fee.
The comment period will open soon for pistol braces and the comment period on unfinished frame and receivers at still open.
Read the proposed rule here: https://www.atf.gov/file/154871/download
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
Everything in the proposal is arbitrary and subjective, except for weight and length. They claim certain weights cannot have braces attached, as if they knew how strong or weak everyone is. They claim a pistol must be fired with one hand, yet their own website demonstrates they force their agents to fire Glocks with two hands. They can’t follow their own rules, yet want to tell us how we can hold our weapons?
They can roll these 75 pages up into a fat tube and shove it up their …..
Take an absurd, arbitrary, capricious (unconstitutional) regulation and make it a vague as possible so anyone may be arrested for violating it. Spend your family’s entire fortune defending yourself in court. Bureau rats and legislators in your version of a free country collect a paycheck proposing this nonsense.
“All laws/wishes/orders etc. which are repugnant to the Constitution are null and void.” (Marbury vs.Madison, 1803.) The Gov has no authority..we the people are in charge not gov.
These brace manufacturers submitted their designs to the ATF and got go-ahead letters before proceeding. Did these ATF letters say, “OK, for now”? If so, then everyone went ahead knowing full well that the rug might be yanked out from under them at any time. If, however, these letters were a straight “go” for manufacture/sale/possession then it would seem that those already sold would have to be grandfathered in as it’s the ATF that’s changing paddles in midstream. Otherwise it’s the possessor who’s left holding the bag in this nightmare. To claim that an arbitrary rule change automatically un-does everything… Read more »
NOTE: The “alternatives” are NOT alternatives, the ATF rejects each of them as unacceptable on pages 54-55 of the proposed ruling. Besides, grand-fathering and tax-stamp forgiveness is nothing more than a sell-out for future generations. We must draw a line in the sand and make our voices heard when the comment period opens up!
Reading from this, a revolver or semi auto pistol will start the process with 2-3 points already against it. If you have sights and a red dot you have 3 points so all that would be needed would be another stupid and ambiguous definition and boom. Everything would need a tax stamp, be turned in or of course the most likely option be illegal and the population tells the BATF to pound sand.
I have a feeling the estimated ~40 million pistol braces are not going to comply. Tough break, ATF. Ya dug yourselves a hole trying to bend the laws governing firearms with your secret, in-house decision-making bullshit.
Owning any gun, or any other object should not be illegal. Misuse of that object in a criminal fashion is what should only be illegal. We have laws that protect persons and property from illegal behavior. What anyone owns is nobody’s business, and certainly not the governments. Governments ban guns because they plan on doing something the citizens would shoot them for,
So, in other words they want to call a spade a spade. I really don’t have a problem with that. I also don’t have a problem for legal owners of said firearms telling the BATFE to “FUCK OFF!” My only AR15 style firearm is an rifle with a 20″ bbl and doesn’t have a forward assist. And it was given to me. These last couple of weeks I have worked to double the amount of ammo I have for that gun to around 3000 rounds. The BATFE can fuck right off!
We need make more comments in the ATF comment section as it pertains to re-regulating the definition of firearm receivers – there aren’t enough comments, & we need to let our voices be heard, & the same will need to be done when the comment section of the ATF comment section opens up for new definition on legalities of pistol braces – make Your voices be heard! these ATF scum bags are just that – scumbags, it’s all about control & money! We need to abolish the ATF & someone please get rid of David Chipman – Send him to… Read more »