ATF Explained: Pistol Brace Rule
Let’s break down the infamous pistol brace rule by the ATF and all the changes of classification that came with it.
Some info was pulled directly from Title 27 of the Code of Federal Regulations.
ATF seal
Pistol Brace Rule Explained
The pistol brace rule or stabilizing brace rule passed by the ATF on January 13th, 2023, which forced millions of Americans to either disassemble their firearms with pistol braces, register them with the ATF, or be violating the law. The rule by the ATF was one of the most controversial rules and has been met with legal challenge since it was passed.
AR-15 with a stabilizing brace and a vertical grip (AOW)
What is a Pistol Brace?
A pistol brace, also known as a stabilizing brace, is an attachment to the rear of the firearm that allows the weapon to be fired one-handed through the use of a strap that attaches around the forearm. Stabilizing braces were in invented by an Army veteran named Alex Bosco to help a disabled veteran shoot AR-15s more accurately.
What is rule 2021R-08F?
The actual rule, rule 2021R-08F, is often referred to as the “pistol brace rule.” The rule makes any pistol a short barrel rifle (SBR) if you attach a stabilizing brace to it.
ATF Pistol Brace Rule Explained
That alone might not mean much to people so here is some more context on what is legal and not legal under the law.
What Is and Is NOT Legal
Below are some legal definitions along with some combinations of what you can and cannot do under the law with a firearm.
Firearm classification and legality by weapon:
Rifle
Definition: A firearm designed to be fired from the shoulder, with a barrel length of at least 16 inches.
Tax Stamp Required: No
Relevant Law/Regulation: 18 U.S.C. § 921(a)(7)
Daniel Defense M4 V7
Pistol
Definition: A firearm designed to be held and fired with one hand (not shouldered), typically with a barrel less than 16 inches.
Tax Stamp Required: No
Relevant Law/Regulation: 18 U.S.C. § 921(a)(29)
When most people imagine a pistol, it probably is something like the P226 below. It is important to note that the ATF considers AR platform guns with short barrels and no stock as pistols. Some people refer to these as AR pistols like the Ragnarök 5.56 below.
Sig Sauer P226
Leviathan Defense Ragnarök 5.56 AR15 Pistol
Short Barrel Rifle (SBR)
Definition: A rifle with a barrel length less than 16 inches or an overall length less than 26 inches.
Tax Stamp Required: Yes ($200 tax stamp)
Relevant Law/Regulation: 26 U.S.C. § 5845(a)(3)
Example of rifle with shortened barrel:
Sawed off Mauser Gewehr 98
It is important to note that taking the same Ragnarök 5.56 AR15 Pistol mentioned above, and attaching a rifle stock on it, changes the gun from a pistol to an SBR.
Pistol with Stabilizing Brace
Definition: A pistol with a stabilizing brace used to fire from the shoulder.
Tax Stamp Required: Yes, reclassified as an SBR ($200 tax stamp)
Relevant Law/Regulation: 26 U.S.C. § 5845(a)(3), ATF Rulings
This is where the pistol brace rule comes in. Take any pistol, and attach a stabilizing brace to it, and it is now considered an SBR. Simply by attaching the brace you have made yourself a felon unless you pay the ATF $200 for a tax stamp.
CZ Scorpion 3+ Pistol with stabilizing brace is now an SBR
Any Other Weapon (AOW)
Definition: A broad category of various unconventional firearms, such as smoothbore pistols, pen guns, cane guns, etc.
Tax Stamp Required: Yes ($200 tax stamp)
Relevant Law/Regulation: 26 U.S.C. § 5845(e)
H&R Handy-Gun is an example of AOW provided by the ATF
Pistol with Vertical Foregrip
Definition: A pistol equipped with a vertical foregrip, reclassified as an “Any Other Weapon” (AOW).
Tax Stamp Required: Yes, reclassified as an AOW ($200 tax stamp)
Relevant Law/Regulation: 26 U.S.C. § 5845(e), ATF Rulings
Glock with vertical foregrip now considered AOW
Updates
Update 1 - As of November 8th, 2023, ATF pistol brace rule was deemed unlawful by the Fifth Circuit Court of Appeals. Previously, an injunction ordered that the ATF rule was unenforceable to the plaintiffs of a previous suit including Firearms Policy Coalition (FPC) members and Maxim Defense customers. The court expanded the original injunction of the ATF rule nationally meaning everyone is now covered under the injunction. This means that the rule itself is no longer enforced until more litigation occurs.
Last updated July 3rd, 2024
Update 2 - 25 Attorneys General from around the country sued the ATF in the United States Court of Appeals for the Eighth Circuit for making the pistol brace rule intentionally vague.
Last updated April 12th, 2024
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