The Biden Administration recently approved a new firearms rule announced and signed by Attorney General Merrick Garland called ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,'” amending ATF’s long-standing regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. More specifically, the new rule is yet another in the anti-gunners gun control “by 1,000 cuts” strategy.
What the new rule demands are that anyone who owns a large format pistol equipped with a stabilizing pistol brace must register it with the ATF as a short-barreled rifle (SBR), 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.
Keep in mind that these firearms were legally purchased and owned by millions of people under ATF rulings that allowed it. And suppose one chooses not to register his/her firearm with the ATF. In that case, they will be unwillingly converted to a felon if they keep it or receive no financial compensation for the firearm being disposed of or destroyed. Sure, you can modify the firearm you originally purchased to comply with the new rule, but that defeats the entire reason you bought it.
A stabilizing pistol brace is an attachment often used on large-format pistols, attaching to the rear of the firearm, and designed to attach to the forearm of the pistol user to secure the firing hand. It was initially conceived as an aid for disabled shooters and quickly became widely used since its stabilizing ability greatly enhanced accuracy. Most of the braces do not have a sufficient surface area to effectively act as a rifle stock and, as a result, are not used as such. But yes, you can lift the pistol up and shoulder the brace while firing. This is where the rub comes in.
Here is a link that shows numerous pistols with braces that have been legal up until this new ruling that will now be illegal. In all of them, you can see the brace is designed with the intent of being attached to the forearm. If you have one or more of these, you have a difficult decision to make.
The ATF had previously determined that a stabilizing pistol brace did NOT convert a pistol to an NFA-controlled SBR (National Firearms Act of 1934). As a result, MILLIONS of law-abiding citizens purchased them. Now, all of a sudden, the goalpost has been moved, and they are now defined as an NFA-controlled item. If the owner wants to keep what they lawfully purchased as it currently exists, it must be registered with the ATF/FBI.
Registration is the first step to confiscation, as has been demonstrated numerous times throughout history. We should be worried.
This rule is effective from the date it is published in the Federal Register, which is expected to occur within days. Once in effect, any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must meet one of the criteria specified above no later than 120 days after publication in the Federal Register. As a carrot and to encourage registration, the ATF will waive the standard $200 tax stamp required by the NFA IF you register within the 120-day window. It is $200 for each NFA item, so if you own two or three braced pistols, it will cost you $400 or $600 to register them outside the 120-day window, but it is FREE if within the window. FREE STUFF!! Where have you heard that before?
Multiple groups and legislators are already filing documents and lawsuits in opposition to the new rule. These efforts may or may not overturn it. But in any event, they will likely take more than 120 days to resolve. And that leaves lawful owners of these firearms with a dilemma. Do you start registering your now illegal firearm with the ATF through an ATF Form 1 as an SBR, or do you wait to see if the rule is overturned? If you register it and the rule is overturned, you just needlessly admitted that you own the firearm and are now in an FBI database. If you don’t and it is not overturned, you risk fines of up to $250,000 and/or ten years in prison.
Here is a link to the new rule, which is 293 pages long.
And here is a tangential consequence of this new ruling. Many people carry a braced pistol in their vehicle for self-defense or other lawful reasons. Once registered, that firearm becomes an SBR. It is illegal in NH to have a loaded rifle in a motor vehicle. That means you can no longer carry your previously legally loaded pistol in your vehicle.
“They” are slowly winning this 2A battle. We can’t let that happen. Get active, people! Write letters, participate in public testimony, and donate to pro-2A organizations! Complacency is acceptance.
