2021R-08F - STABILIZING BRACES
NEWS FLASH: ATF CHANGES DEFINITION OF RIFLES MAKING AR PISTOLS SHORT BARREL RIFLES
FINAL RULE 2021R-08F - STABILIZING BRACES
The final rule’s definition of “rifle” states clearly that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”), that provides surface area that allows the weapon to be fired from the shoulder, provided other factors (as described in the rule) indicate the weapon is designed, made, and intended to be fired from the shoulder.
The final rule was signed by the Attorney General on January 13, 2023 and was subsequently published in the Federal Register on January 31, 2023. The Final Rule is effective on January 31, 2023. The compliance date is 120 days from the date of publication, which is May 31, 2023.
Previous ATF classifications involving “stabilizing brace” attachments for firearms are superseded and considered null and void as of January 31, 2023.
Amended Regulatory Definition of “Rifle”
27 CFR § 478.11 and 27 CFR § 479.11 both define the term “rifle” as: (1) For purposes of this definition, the term “designed or redesigned, made or remade, and intended to be fired from the shoulder” shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as described in paragraph (2), indicate that the weapon is designed, made, and intended to be fired from the shoulder.
(2) When a weapon provides surface area that allows the weapon to be fired from the shoulder, the following factors shall also be considered in determining whether the weapon is designed, made, and intended to be fired from the shoulder: (i) whether the weapon has a weight or length consistent with the weight or length of similarly designed rifles; (ii) whether the weapon has a length of pull measured from the center of the trigger to the center of the shoulder stock or other rearward accessory, component or attachment (including an adjustable or telescoping attachment with the ability to lock into various positions along a buffer tube, receiver extension, or other attachment method) that is consistent with similarly designed rifles;
(iii) whether the weapon is equipped with sights or a scope with eye relief that require the weapon to be fired from the shoulder in order to be used as designed; (iv) whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations; (v) the manufacturer’s direct and indirect marketing and promotional materials indicating the intended use of the weapon; and (vi) information demonstrating the likely use of the weapon in the general community.
Weight or Length
(i) whether the weapon has a weight or length consistent with the weight or length of similarly designed rifles; If the weight or length of the firearm is consistent with the weight or length of similarly designed rifles, then this would be an indicator that shoulder-firing the weapon provides stabilization and is beneficial in firing the weapon, and thus that the firearm is designed and intended to be used this way.
Length of Pull
(ii) whether the weapon has a length of pull measured from the center of the trigger to the center of the shoulder stock or other rearward accessory, component or attachment (including an adjustable or telescoping attachment with the ability to lock into various positions along a buffer tube, receiver extension, or other attachment method) that is consistent with similarly designed rifles; Length of pull is a common measurement of firearms that describes the distance between the trigger and the center of the shoulder stock. A shoulder-fired weapon generally will have a length of pull that allows the placement of the firearm’s shouldering device against the shooter’s shoulder while also ergonomically allowing the shooter to engage the firearm’s trigger. Adjustable or Telescoping attachments that lock into place provide horizontal support for firing from the shoulder. Length of pull is measured between the center of the trigger and the center of the shoulder stock.
Sights or Scope
(iii) whether the weapon is equipped with sights or a scope with eye relief that require the weapon to be fired from the shoulder in order to be used as designed; Sights or scopes that cannot be used without shouldering the weapon indicates that the firearm is designed and intended to be fired from the shoulder.
Rearward Attachment
(iv) whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations; An AR-type pistol with a standard 6 to 6-1/2 inch buffer tube may not be designed and intended to be fired from the shoulder even if the buffer tube provides surface area that allows the firearm to be shoulder fired because it is required for the cycle of operations of the weapon.
Marketing and Intended Use
(v) the manufacturer’s direct and indirect marketing and promotional materials indicating the intended use of the weapon; and the manufacturer’s marketing and promotional materials for a weapon are relevant in considering the likely use of the firearm in the general community.
Use of the Weapon
(vi) information demonstrating the likely use of the weapon in the general community.
Options Available to all Possessors
1. Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm. 2. Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached. 3. Turn the firearm into your local ATF office. 4. Destroy the firearm. 5. Register the weapon as set forth below depending on your category of possessor
Tax Forbearance
The Department is forbearing the NFA taxes on persons in current possession of firearms equipped with “stabilizing brace” as described: Individuals, FFLs, and FFL/SOT Dealers will not be subject to the $200 making tax for SBR’s in their possession as of January 31, 2023, so long as they timely submit an E-Form 1 by May 31, 2023. FFLs that are Class 1 Importer or Class 2 Manufacturer SOT holders in possession of unregistered firearms equipped with a “stabilizing brace” that are subject to the provisions of the NFA as of January 31, 2023 must timely register their affected firearms on an E-Form 2 by May 31, 2023. Because the E-Form 2 does not require an accompanying tax payment, ATF will not collect any taxes for registration of these weapons. Once registered on E-Form 2, FFLs-SOT holders are liable for the applicable transfer taxes when the firearm is subsequently transferred.
ATF Resources
ATF Website: Factoring Criteria for Firearms with Attached “Stabilizing Braces”
ATF eForms: Applications – eForms
Application for SOT: Special Tax Registration and Return - National Firearms Act (ATF Form 5630.7)
NFA Tax Stamp Professional Support
When filing for a tax stamp, Innocent errors or misunderstanding instructions could result in criminal liability and confiscation of a firearm with significant legal penalties. Use of a professional service or attorney to file for a tax stamp or gun trust is strongly recommended to avoid criminal penalties. We provide professional support for filing for a tax stamp and legal support for creating a gun trust.