Don't Forget 2021R-08 - ATF is Still After Pistol Braces

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We’ve spent a lot of time talking about the ATF’s new receiver rule but we should also not forget that there was an additional proposed rule that came out around the same time: 2021R-08 “Factoring Criteria for Firearms with Attached “Stabilizing Braces.”Never one to rest on their laurels, our beloved and revered ATF have returned with yet another attempt to strip law-abiding citizens of Constitutionally protected rights with a new notice outlining plans to further regulate stabilizing pistol braces. The notice would amend regulations already in place to clarify “when a rifle is intended to be fired from the shoulder.” As per the current norm, the ATF is continuing in their war upon various parts of firearms, seemingly chosen by throwing darts at pictures of guns taped to walls.

One of the current sources of ire at the ATF has been the pistol brace, but what is a pistol brace and why does it matter? What is the difference between a stock and a brace? The answer? Mostly politics and a $200 tax stamp.

What is a pistol brace?

A pistol brace, (also known as a stabilizing brace), is an accessory that attaches to the rear of the gun and allows the firearm to be fired one-handed. It essentially slips around the shooter’s forearm and helps to stabilize the gun. Braces were originally developed to help disabled folks stabilize their weapon and are an incredibly common accessory in the gun world.

2021R-08 Breakdown

The proposed rule would do the following:

• “Amend the definition of “rifle” in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition to clarify that the term “rifle” includes any weapon with a rifled barrel and equipped with an attached “stabilizing brace” that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder.”
• “Set forth a worksheet “Factoring Criteria for Rifled Barrel Weapons with Accessories commonly referred to as ‘Stabilizing Braces,’” ATF Worksheet 4999, to aid the firearms industry and public in understanding the criteria that ATF considers when evaluating firearm samples that are submitted with an attached “stabilizing brace” or similar component or accessory.” (Reminds me of my driver’s license test as a teenager)

The illustrious ATF further adds: “This proposed rule would 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.”

This is not the first time the ATF has tried this little batch of madness — in December of 2020 a similar rule was proposed and it was promptly withdrawn in a matter of days due to heavy public backlash. Shortly after the current proposed rule was published, over 130 lawmakers wrote an open letter to the ATF calling on them to backtrack on the rule.

At the risk of pointing out the obvious tactic used by the ATF with issues of this type, the proposed rule is 52 pages long, discombobulated and intentionally as vague as possible. Should you choose to give yourself a migraine and read all of it - it may be found here.

Remember, this is a common tactic with gun grabbers - keep it vague so definitions may be twisted at will, as well as long and rambling to muddy the waters around the specific part of the 2nd Amendment they are currently trying to illegally attack. The ATF goes out of their way to make things overly complicated for law-abiding gun owners consistently as well.

What’s at stake?

So why does this matter exactly? Well, fellow builder, it matters because it would turn millions of AR15s and other weapons currently classified as pistols into Short Barreled Rifles (SBR), making said weapons an NFA item. National Firearms Act (NFA) weapons require tax stamps that cost $200 and federal registration/background checks. Millions of law-abiding citizens would be instantly turned into felons if this rule were to be enacted. Lest we forget the ATF attacking and changing definitions of SBRs arbitrarily last year with the manufacturer Q and their Honey Badger.

The terrifying thing about this entire situation is the ATF can arbitrarily classify these infringements as “rules” and do so with ZERO congressional approval. Sound like another violation? It is. Our Founding Fathers designed the U.S. government with three separate branches and created a system of checks and balances to ensure one branch did not become too centralized and powerful. The ATF operating this manner is completely outside of the system of checks and balances. Because of this, the idea of the ATF making decisions unchecked that would turn millions of Americans into felons should not be taken lightly.