ATF Pistol Brace Rule Update
Are pistol braces legal? The firearms industry has been asking this question for almost a decade and depending on when the question was asked, the answer could vary greatly. The legal fog surrounding a simple firearm accessory has caused a collective headache across the country.
Timeline
- 2012 – ATF announced that attaching a stabilizing brace to an AR-type pistol did not convert that pistol-regulated by the GCA-into a short-barreled rifle (SBR)
- 2015 – ATF announces that attaching a stabilizing brace to a pistol that could allow the pistol to be fired from the shoulder converted that pistol into an SBR.
- 2017 – ATF appeared to rescind its indefensible 2015 ruling. ATF thereafter issued private letter rulings blessing a wide array of stabilizing brace configurations from a host of manufacturers.
- Aug 2020 – ATF issued a cease and desist letter to Q, LLC, the manufacturer of the Honey Badger AR pistol, to stop production of the firearm.
- Dec 2020 – ATF published ‘Objective Factors for Classifying Weapons with “Stabilizing Braces”’; Pulls by end of December after pressure from Congress
- Apr 2021 – Biden announces executive order instructing ATF to go after braces
- June 2021 – ATF publishes ATF proposed rule 2021R-08, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’”
- Sept 2021 – Comment period closes for proposed rule
- Jan 2022- ATF states that ATF Pistol Brace Rule would be published in Aug 2022 leaving the industry in limbo.
- July 2022 – A court case mentions a statement by ATF saying ruling would be published in Dec 2022.
- Dec 2022 – The rule is submitted to White House for final approval.
- Jan 2023 – ATF publishes final rule 2021R-08F bypassing the normal timeframe for rule to go into effect. New rule is effective immediately.
- Feb-Mar 2023 several cases filed in federal courts in TX and ND.
- Jun 2023 – Grace period ends for those wanting a ‘free SBR stamp’.
- Nov 2023 – Mock v Garland judge rules to set aside rule in it’s entirety.
- Aug 2024 – ATF files appeal in Texas district court.
- Aug 2024 – The Eighth Circuit Court of Appeals enjoined enforcement of the ATF’s “Pistol Brace Rule” in Firearms Regulatory Accountability Coalition, Inc. v. Garland.
On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. The final rule was published in the Federal Register on January 31, 2023 and went into effect immediately. Shortly after this rule was published, several cases were filed in federal courts across the country challenging the legality of this rule. The one case that brought this issue across the finish line was Firearms Policy Coalitions (FPC) case ‘Mock V Garland’. The judge in this case (Northern District of Texas – Matthew Kacsmaryk) issued this ruling on November 8th, 2023. This rule granted FPC’s request for summary judgement (or final ruling) and the ATF rule was officially dead. The ATF filed an appeal on this case in Texas in August 2024. The same month, the Eight Circuit Court of Appeals ruled on FRAC’s case enjoining the enforcement of the rule. The ATF is likely to appeal this decision as well.
Stay tuned for updates.
