Rumor Mill: New ATF Pistol Brace Rule May Publish in December

As of Tuesday, Dec. 13, the final rule regarding new pistol brace regulations has not been published in the Federal Register — the last step before it can be enforced — but it is rumored that the Biden administration will do so sometime this month.

Gun vlogs citing “internal sources” circulated the scuttlebutt online, and it quickly stirred up commotion in gun forums, leaving some wondering how to comply with the possibly impending law. It’s also become the subject of announcements and fundraising letters by various gun groups.

When asked by Free Range American, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) said it doesn’t comment on proposals during the rulemaking process, and the National Shooting Sports Foundation (NSSF) could only confirm that it was, in fact, a rumor — much like the one that came and went in July, when the White House listed it in an executive action. But here is what we do know.

The Pistol Brace Rule Proposal

For about a decade, the ATF has been mulling over whether a stabilizing brace can turn a pistol into a short-barreled rifle, which requires stricter controls under federal law.

The centerpiece of the rule is ATF Form 4999, a worksheet that brace designers can use as a guideline. It gives value to specific design characteristics, such as features shared with a firearm buttstock. If a stabilizing brace scores more than four points, the ATF will consider it a buttstock. Some refer to the form as the “ATF scorecard.”

On its website, the ATF added: “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.”

“Each section (in Form 4999) is replete with arbitrary values focused on the ‘mere possibility’ or potential for shoulder mounting of a pistol to determine the manufacturer’s design and intent.”
— National Shooting Sports Foundation

The proposed rule stayed in the Federal Register for the mandatory 90 days, during which the public could submit comments. In those three months, the proposal garnered 237,570 submissions.

In its comment, the NSSF — the trade association for the gun industry — panned the proposal, calling it “arbitrary, capricious, abuse of discretion, and otherwise not in accordance with law.”

“Each section (in Form 4999) is replete with arbitrary values focused on the ‘mere possibility’ or potential for shoulder mounting of a pistol to determine the manufacturer’s design and intent,” the NSSF added.

The Brace Debate Continues

The original brace design made by the Florida-based company SB Tactical was a U-shaped attachment with a strap that affixed to a shooter’s forearm so a firearm, such as an AR pistol, could be fired one-handed with reasonable control. The company billed it as a product meant to aid disabled shooters.

The problem, however, was that the brace also fit like a buttstock, so people began affixing them to their AR pistols — which allowed them to remain pistols per the NFA since braces are not stocks — and shouldering them. It led to confusion and concern among gun owners that affixing a brace to an AR pistol effectively created an SBR, which would be a felony.

That confusion led to several inquiries submitted to the ATF to explore the question: Does attaching a stabilizing brace to a pistol change its classification?

Since 2012, the ATF has issued contradictory responses to that question. And then, in 2018, a stabilizing brace owner was charged with unlawful possession of an unregistered SBR, but a jury found him not guilty, partly because of a technical error by the ATF.

According to an April 2021 Congressional report, the case was “an example of how the absence of definitive determinations about the legality of firearms equipped with stabilizing braces and similar devices may create repercussions.”

According to federal guidelines on the rulemaking process, a final rule becomes enforceable 30 days after it publishes in the Federal Register. So if the pistol brace rule is published this month, the earliest it could be enforced is sometime in January 2023.