New ATF pistol brace ruling

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I've read through the first 200 pages of the 300 page document, and then skipped to the bottom. I will back and read the rest later, but here is the important part to be concerned with on page 268

V. Final Rule

A. Definition of “Rifle” The rule provides an amendment to the definition of “rifle” in §§ 478.11 and 479.11. In issuing this final rule, the Department has revised the proposed regulatory text in the NPRM to account for the comments received. The rule does not adopt the Worksheet 4999 as proposed in the NPRM. The rule does, however, adopt from the NPRM and proposed Worksheet 4999 several of the objective design features that indicate a firearm is designed, made, and intended to be fired from the shoulder and incorporates those features into the definition of “rifle.” The final regulatory text for the definition of “rifle” reflects the best interpretation of the relevant statutory provisions. All previous ATF classifications involving “stabilizing brace” attachments for firearms are superseded as of [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. As such, they are no longer valid or authoritative, and cannot be relied upon. However, firearms with such attachments may be submitted to ATF for reclassification.

This final rule’s amended definition of “rifle” clarifies 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 that other factors, as listed in the rule, indicate that the weapon is designed, made, and intended to be fired from the shoulder. These other factors are:

(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.

B. Options for Affected Persons Persons in possession of short-barreled rifles equipped with a “stabilizing brace” device have until [INSERT DATE 120 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] to come into compliance with the NFA’s requirements.

The options are as follows:

Current Unlicensed Possessors 270 (this is the section relevent to end users that are not FFL license holders, there is another section for FFL's.)

1. Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm, thus removing it from the scope of the NFA.

2. Submit through the eForms system an Application to Make and Register a Firearm, ATF Form 1 (“E-Form 1”) by [INSERT DATE 120 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. 174 The possessor may adopt the markings on the firearm for purposes of the E-Form 1 if the firearm is marked in accordance with 27 CFR 478.92 and 479.102. If the firearm does not have the markings under 27 CFR 478.92 and 479.102, then the individual must mark the firearm as required. Proof of submission of the E-Form 1 should be maintained by all possessors. To transfer an affected firearm to another individual after the date this rule is published, it must be registered in the NFRTR, and the individual must submit and receive approval on an Application for Tax Paid Transfer and Registration of Firearm, ATF Form 4; otherwise, the transfer is a violation of the NFA. See 26 U.S.C. 5861(e).

3. Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached, thereby removing the weapon from regulation as a “firearm” under the NFA. The Department recognizes that the removal of a “stabilizing brace” from a firearm that was originally received as a “short-barreled rifle” results in the production of a “weapon made from a rifle,” as defined by the NFA. However, the Department in its enforcement discretion will allow persons to reconfigure the firearm to a pistol by [INSERT DATE 120 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] and will not require the registration of these firearms as a “weapon made from a rifle.” 174 ATF strongly advises that affectedparties use the eFormssystem to lessen the administrative burden in registering firearms affected by this rule. 271

4. Turn the firearm into your local ATF office.

5. Destroy the firearm. ATF will publish information regarding proper destruction on its website, www.atf.gov.
 
Also since I see it wasn’t mentioned in this section, if you do chose to register your braced pistol as an SBR by filing a form 1, they will be waiving the $200 tax during this 120 day period
 
It looks to me from reading and digesting this that it will make virtually any form of pistol brace now classified as a rifle stock. I think the only way you could have a brace that would not be considered a stock is if it does not extend past the end of the buffer tube and has no vertical surface on the back. According to this and other paragraphs within the document it would even be illegal to have a rifle length buffer on a pistol even without a brace because it would extend the length of pull to be similar to that of similar rifles.
 
According to this and other paragraphs within the document it would even be illegal to have a rifle length buffer on a pistol even without a brace because it would extend the length of pull to be similar to that of similar rifles.

I'd say carbine tubes as well, since they will meet the

"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"

definition.

The short pistol tubes should be OK, but since they refuse to assign a hard number on LOP, even those remain in question.
 
I'd say carbine tubes as well, since they will meet the

"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"

definition.

The short pistol tubes should be OK, but since they refuse to assign a hard number on LOP, even those remain in question.

I forget what page it was on but the measurements of 6" - 6 3/4" for pistol length buffer tubes was thrown out in the 291 page summary.

https://www.atf.gov/rules-and-regul...armswithattachedstabilizingbracespdf/download
 
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