Is Your AR-15 Pistol Stabilizing Brace Legal?

 

On Thursday, December 17, the Department of Justice posted Docket Number 2020R-10, Objective Factors for Classifying Weapons with "Stabilizing Braces." According to the notice, "ATF is publishing this notice to aid the firearms industry and public in understanding the objective design features that FATD considers when evaluating firearm samples submitted with a stabilizing brace or similar attachment." In true ATF form, this document does not clarify or aid in understanding the objective design features. The features are subjective with no specific characteristics listed. Words like may, might, not limited to, similar, could and not exhaustive are used throughout so as to avoid specifics. The features that go into determining if it is a pistol or short barrel rifle are: Type and Caliber Weight and Length Length of Pull Attachment Method Stabilizing Brace Design Aim Point Secondary Grip Sights and Scopes Peripheral Accessories The ATF is clear to say that this is not an "exhaustive list," and the features are not limited to this list. But, if your pistol has any of these features, it "could" be listed as a short barrel rifle. The options the ATF give to owners of existing pistol braces who suspect they might not qualify as a pistol is (1) a tax free NFA registration, (2) permanently removing the stabilizing brace from the firearm and disposing of it, (3) replacing the barrel of the firearm (16” or greater for a rifle, or 18” or greater for a shotgun), (4) surrendering the firearm to ATF, or (5) destroying the firearm. I believe this is an effort by the ATF to register as many firearms under the NFA as possible so that when the probable Biden administration implements their gun confiscation programs, they will be able to easily identify these items. And where this strategy doesn't work, they will have significantly reduced the future sale of these items. We have 14 days to submit comments to the ATF regarding this notice. Comments can be made by going to this link. Please make your voice heard.

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What's Happening

Bloomberg Group Urges Biden to Undertake Gun Control by Executive Order The NRA-ILA points out there are three areas in which Everytown seeks executive gun control. Those areas are private gun sales, greater regulation on Federal Firearm License holders (FFLs), and more regulatory control on 80 percent lowers/pistol frames. Gun Groups Take Concealed Carry to the Supreme Court New York State doesn’t recognize a right to carry a handgun in public. To get a concealed-carry permit, applicants must show they have an unusually strong need for self-defense, not just a normal and healthy desire to keep themselves safe. The state also bans the open carry of handguns entirely. There’s a “circuit split” among the nation’s courts as to whether such strict restrictions are kosher. Smith & Wesson Sues New Jersey Over ‘Anti-Second Amendment Agenda’ In a federal lawsuit filed in New Jersey on Tuesday, Smith & Wesson claims New Jersey Attorney General Gurbir Grewal has tried everything in his power to stymie gun sales, and that he is now sifting through decades of company advertisements and marketing materials in an extra-legal attempt to restrict the right to bear arms. 6 First Gun Control Measures To Expect From A Biden Administration If we have a Joe Biden administration in the White House on Jan. 20, we will have the most overtly anti-gun president in American history. Biden’s plan lists effectively every gun control measure ever proposed: banning “assault weapons,” banning “high-capacity” magazines, limiting the number of guns an American can purchase, holding manufacturers liable for the criminal misuse of their products, and many, many more.