Pistol brace rule signed today
Jan 13, 2023 15:23:08 GMT -5
Woody Williams, greghopper, and 1 more like this
Post by subzero350 on Jan 13, 2023 15:23:08 GMT -5
I'm not a lawyer, but from what I've read and heard, here are your options:
-You have a 120 day window (starts as soon as it is published to the federal register) to register your braced pistol as a SBR (short-barrelled rifle); File an e-Form1 and tax stamp to do this is FREE.
-Remove the brace and it remains a "pistol".
-Surrender the braced pistol to the ATF.
NOTE: Indiana deer hunting laws prohibit the use of SBR's for deer hunting. I would imagine this means if you currently have a braced pistol that meets the Indiana definition of a legal handgun for deer hunting, you will need to remove the brace from it in order to stay in compliance with federal law. Registering your braced pistol with the ATF turns it into a SBR which will make it illegal for hunting deer in Indiana.
www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
-You have a 120 day window (starts as soon as it is published to the federal register) to register your braced pistol as a SBR (short-barrelled rifle); File an e-Form1 and tax stamp to do this is FREE.
-Remove the brace and it remains a "pistol".
-Surrender the braced pistol to the ATF.
NOTE: Indiana deer hunting laws prohibit the use of SBR's for deer hunting. I would imagine this means if you currently have a braced pistol that meets the Indiana definition of a legal handgun for deer hunting, you will need to remove the brace from it in order to stay in compliance with federal law. Registering your braced pistol with the ATF turns it into a SBR which will make it illegal for hunting deer in Indiana.
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 rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The 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 other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.
This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.
The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The 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 other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.
This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.
www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
