Stabilizing Braces by Tom Reynolds
Short-barreled rifles (SBR) are controlled under the Gun Control Act of 1968. One has to register an SBR in order to own it.
On January 13, 2023, Attorney General Merrick Garland signed BATFE final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’”which attempts to clarify the regulations on when ‘Stabilizing Braces’ make a pistol into an SBR and - by happy circumstances for the gun grabbing left - subject it to greater control by the BATFE.
If the firearm with the “stabilizing brace” is now a short-barreled rifle, it needs to be registered within 120-days from the date the new rule is published in the Federal Register. After 120 days, possession of an unregistered SBR is punishable by up to 10 years’ imprisonment or $10,000 in fines - or both. (26 U.S.C. 5861(d), 5871).
So, if you have a stabilizing brace, what do you do? Per BATFE’s Frequently Asked Questions:
WHAT ARE THE COMPLIANCE OPTIONS FOR AN INDIVIDUAL (NON-LICENSEE) IN POSSESSION OF A FIREARM EQUIPPED WITH A “STABILIZING BRACE,” WHICH IS A SHORT-BARRELED RIFLE (SBR), AFTER THE EFFECTIVE DATE OF THE FINAL RULE?
Submit through the e Forms system an ‘Application to Make and Register a Firearm’, ATF Form 1 (EForm 1) within 120-days from the date of publication in the Federal Register. or
Permanently remove or alter the “stabilizing brace” so that it cannot be reattached and thereby removing it from regulation as a “firearm” under the NFA, or
Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing it from the provisions of the NFA, or
Turn the firearm into your local ATF office, or
Destroy the firearm.
AFTER THE 120-DAY FORBEARANCE EXPIRES, WILL ALL UNREGISTERED FIREARMS WITH AN ATTACHED “STABILIZING BRACE” THAT ARE SHORT-BARRELED RIFLES (SBRS) BE CONSIDERED CONTRABAND?
CAN I POSSESS A PISTOL AND UNATTACHED“STABILIZING BRACE”?
CAN A SHORT-BARRELED SHOTGUN BE REGISTERED DURING THE 120-DAY TAX FORBEARANCE PERIOD?
Senators Roger Marshall (R-KS) and John Kennedy (R-LA) are pushing legislation titled Stop Harassing Owners of Rifles Today Act(SHORT) which would end SBR’s being included under the National Firearms Act’s registration and regulation purview. This would eliminate BATFE’s jurisdiction and negate the pistol brace rule. This would also remove SBR’s from the taxation, registration and regulation in the National Firearms Act.
Senator Marshall said: “The SHORT Act will protect Americans from the anti-2nd Amendment gun registry that the ATF is abusing the National Firearms Act to create. This legislation…will stop the ATF’s pistol brace rule in its tracks.”
Senator Kennedy said that under this rule: “…countless law-abiding gunowners in Louisiana and other states will become criminals in the blink of an eye.”
It is reported that Representative Andrew Clyde (R-GA) is going to introduce SHORT Act legislation in the House.
If the SHORT Act should be enacted it has to be signed by gun grabber in chief Joe Biden.
If it did become law, BATFE’s grab would have the opposite affect than was intended by BATFE; instead of giving BATFE more control, they would have less.
Let your Congressperson know that you support this legislation. And you can let your Senator know that too, just to annoy the NY Senators (And Gillibrand is up for reelection in 2024.)
A closing thought:
Rifles are much less used in crimes because of their length which makes them more difficult to hide.
Suppressors / silencers are much less used in crimes because of their length which makes them more difficult to hide.
Handguns are most often used in crimes and are easy to hide.
Adding a brace makes a pistol much more difficult to hide so it will be much less used in crimes.
By going after braces, BATFE / Biden are again showing that their real goal is to disarm law abiding citizens and BATFE’s rule has nothing to do with stopping crime. (The same logic applies to suppressors.)