ATF Finalizes ‘Stabilizing Brace’ Ruling, 2021R-08F
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https://www.atf.gov/news/press-releases
Today, 13 January 2023, the Department of Justice announced it has submitted ATF Final Rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” to the Federal Register, amending ATF regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.
Final Rule Summary
The Final Rule makes clear when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16″, they must comply with the laws that regulate those rifles, including those of the NFA. The amended definition of “rifle” shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., “stabilizing brace) that provides surface area that allows the weapon to be fired from the shoulder or indicates that the weapon is designed, made, and intended to be fired from the shoulder.
To comply with new regulations, manufacturers, dealers, and individuals must either (1) register tax-free any existing NFA short-barreled rifles covered by the rule, (2) remove the stabilizing brace to return the firearm to a pistol, (3) attach a 16″ or longer rifled barrel to the firearm, or (4) turn in to ATF or destroy the firearm. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Proposed Worksheet 4999
The rule also does not adopt Worksheet 4999 as previously proposed. The rule does, however, adopt 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.” These objective features include weight, length of pull, use of optics, existence of a rearward attachment, and manufacturer marketing and information.
Effectivity Date
ATF Final Rule 2021R-08F will go into effect the date the ruling is published in the Federal Register, anticipated next week. The rule allows for a 120-day period, from date of publishing, for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule.