ATF Straightens Out Stabilizing Brace Regulations

by
posted on May 3, 2017
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
brace.jpg

The legal status of the SB Tactical stabilizing wrist brace for pistols has taken a few turns in the last five years. Last week the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chose to reconsider and clarify its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

In 2015, the agency took the position that attaching the stabilizing brace to a pistol and firing with it attached to the operator's forearm as it was designed to do did not constitute the making of a National Firearms Act (NFA) regulated firearm, namely, a short-barrel rifle. However, if the shooter were to place the brace against the shoulder like a shoulder stock, that would constitute a "redesign" of the firearm making it an NFA regulated firearm item with all of the legal ramifications that entails.

This policy change was a direct contradiction to earlier advice provided by the ATF to SB Tactical in which the agency stated, “firing a pistol from the shoulder would not cause the pistol to be reclassified as an SBR.” The ATF also stated at that time that using a brace improperly as a shoulder stock would not “change the classification of the weapon per federal law.”

The ATF’s latest statement was not issued as an open letter but as a direct response to SB Tactical’s request that the agency reconsider the position taken in 2015. Dated March 21, 2017, the latest letter's contents appear to reconcile the ATF’s past positions. The letter maintains the original position that “the use of stabilizing braces, as designed, would not create a short-barreled rifle when attached to a firearm.”

It then goes on to clarify the key concern about shouldering a brace by stating that “an NFA firearm has not necessarily been made … even if the attached firearm happens to be fired from the shoulder.... To the extent the January 2015 Open Letter implied or has been construed to hold that incidental, sporadic, or situational ‘use’ of an arm-brace (in its original approved configuration) equipped firearm from a firing position at or near the shoulder was sufficient to constitute ‘redesign,’ such interpretations are incorrect and not consistent with ATF’s interpretation of the statute or the manner in which it has historically been enforced."

That being said, the ATF will be paying close attention to stabilizing braces which have been purposefully altered or reconfigured for use as shoulder stocks. Such alterations would include, but are not limited to, permanently affixing the brace to the end of a buffer tube to increase the length to that of a shoulder stock, removing the arm-strap or otherwise undermining its ability to be used as a stabilizing brace.

This latest ATF clarification is good news for fans of stabilizing braces. It brings the policies back on to familiar, reasonable regulatory territory. The ATF no longer takes the position that pressing a braced pistol to one's shoulder automatically constitutes the regulated “making” of an NFA firearm. Instead, it would be necessary to demonstrate that a stabilizing brace has been purposefully altered from its original configuration with the intention of converting it into a shoulder stock. That is the ATF’s position, at least for now.

Latest

001 SGSR M9VS Trio 01
001 SGSR M9VS Trio 01

Are Snub-Nose Revolvers Still Relevant?

In a world of micro-compact handguns, does the venerable snub-nose revolver still have a place? Here are four reasons why you might still consider carrying a snubby.

Behind Federal's 7 mm Backcountry Cartridge

In 2025, Federal Ammunition introduced its new 7 mm Backcountry cartridge, which operates at higher pressures than any previous commercial ammunition offering.

New for 2026: Beretta 94X Performance

The latest step in the evolution of Beretta's 90 series of handguns is the 94X Performance, a handgun that the company calls “the ultimate evolution of the Beretta competition pistol for IPSC and USPSA.”

Review: Spandau Arms RL

The Remington Model 700 lives on in the form of this RL bolt-action rifle produced in Turkey by Huglu and imported into the U.S. by Spandau Arms.

NRA Outstanding Achievement Youth Award Applications Open

The NRA is accepting applications for the 2027 NRA Outstanding Achievement Youth Award from junior shooting sports participants who demonstrate active involvement in their communities and in shooting sports.

Interests



Get the best of American Rifleman delivered to your inbox.