2/1/2023
To our customers and friends who possess pistols equipped with “stabilizing braces”
On 31 January 2023 the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE, or ATF)
published Final Rule 2021R-08F in the Federal Register. This ruling directly affects individuals and FFLs who possess firearms with barrels less than 16 inches that are currently equipped with stabilizing braces.
While these items have been previously determined by ATF to be fully legal to own and transfer (for at least the last 10 years), this ruling changes that. While I do not agree with this and I hope it will be overturned, I must make my best effort to keep you informed of where you stand within the framework of current law. Numerous lawsuits have already been filed against ATF in this matter.
As an individual, you have 120 days (starting 31 January 2023) to comply. ATF has created the chart below as a guide to keep yourself legal within the framework of this ruling.
In addition, ATF has published several pages of Q&A as guidance. For your convenience I have highlighted the sections that apply to INDIVIDUALS (not licensees) as potential compliance options.
WHAT DOES THE FINAL RULE DO?
1. WHAT IS THE EFFECT OF THE FACTORING CRITERIA FOR FIREARMS WITH ATTACHED “STABILIZING
BRACES” FINAL RULE?
• The rule outlines the factors ATF would consider when evaluating firearms equipped with a
purported “stabilizing brace” (or other rearward attachment) to determine whether these
weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of
1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The final
rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or
remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an
accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides
surface area that allows the weapon to be fired from the shoulder, provided other factors, as
listed in the definition, indicate the weapon is designed and intended to be fired from the
shoulder.
AFFECTED FIREARMS
2. DOES ATF HAVE A LIST OF SPECIFIC “BRACES” THAT QUALIFY IN MAKING A PISTOL INTO A
SHORT-BARRELED RIFLE (SBR)?
• No. ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act,
and therefore, in general, ATF does not regulate accessories such as “stabilizing braces.” ATF will
provide examples of both commercially available firearms sold with “stabilizing braces” and
common weapon platforms equipped with “stabilizing braces” that are considered SBRs at
http://www.atf.gov.
3. HOW DO I GET A DETERMINATION IF MY “BRACE” DEVICE MAKES A PISTOL AN SBR?
• In addition to ATF’s list of commercially available firearms sold with “stabilizing braces” and
common weapon platforms equipped with “stabilizing braces” that qualify as SBR, any other
firearms equipped with a “stabilizing brace” or rearward attachment may be submitted to
ATF’s Firearms and Ammunition Technology Division for classification.
• Firearms may be submitted to:
Chief, FTISB
244 Needy Rd.
Suite 1600
Martinsburg, WV 25405
• A prepaid return shipping label should be provided when submitting to prevent delay of the
return of the sample.
COMPLIANCE OPTIONS
4. WHAT ARE THE COMPLIANCE OPTIONS FOR AN INDIVIDUAL (NON-LICENSEE) IN POSSESSION OF A
FIREARM EQUIPPED WITH A “STABILIZING BRACE,” WHICH IS A SHORT-BARRELED RIFLE (SBR), AFTER THE
EFFECTIVE DATE OF THE FINAL RULE?
• Submit through the eForms system an Application to Make and Register a Firearm, ATF Form 1 (EForm 1) within 120-days from the date of publication in the Federal Register.
• Permanently remove or alter the “stabilizing brace” so that it cannot be reattached and thereby
removing it from regulation as a “firearm” under the NFA.
• Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing
it from the provisions of the NFA.
• Turn the firearm into your local ATF office.
• Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of
Alcohol, Tobacco, Firearms and Explosives (atf.gov).
5. WHAT ARE THE COMPLIANCE OPTIONS FOR AN FFL NON-SOT IN POSSESSION OF A FIREARM
EQUIPPED WITH A “STABILIZING BRACE,” WHICH IS AN SBR, AFTER THE EFFECTIVE DATE OF THE FINAL
RULE?
• Submit through eForms system an Application to Make and Register a Firearm, ATF Form 1 (EForm 1) within 120-days from the date of publication in the Federal Register.
• Permanently remove or alter the “stabilizing brace” so that it cannot be reattached thereby
removing it from regulation as a “firearm” under the NFA.
• Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing
it from the provisions of the NFA.
• Turn the firearm into your local ATF office.
• Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of
Alcohol, Tobacco, Firearms and Explosives (atf.gov).
6. WHAT ARE THE COMPLIANCE OPTIONS FOR AN FFL/SOT HOLDER IN POSSESSION OF
FIREARMS EQUIPPED WITH A “STABILIZING BRACE,” WHICH IS AN SBR, AFTER THE EFFECTIVE DATE OF
THE FINAL RULE?
• For SBRs equipped with a “stabilizing brace” that are in their possession, complete and submit
through the eForms system a Notice of Firearms Manufactured or Imported, ATF Form 2 within
120-days from the date of publication in the Federal Register.
• Permanently remove or alter the “stabilizing brace” so that it cannot be reattached and thereby
removing it from regulation as a “firearm” under the NFA.
• Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing
it from the provisions of the NFA.
• Turn the firearm into your local ATF office.
• Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of
Alcohol, Tobacco, Firearms and Explosives (atf.gov).
7. WHAT ARE THE COMPLIANCE OPTIONS FOR GOVERNMENT ENTITIES IN POSSESSION OF
FIREARMS EQUIPPED WITH A “STABILIZING BRACE,” WHICH IS AN SBR, AFTER THE EFFECTIVE DATE OF
THE FINAL RULE?
• Submit through eForms system an Application to Make and Register a Firearm, ATF Form 1 (EForm 1) within 120-days from the date of publication in the Federal Register.
• A government entity may submit through the eForms system an Application for Registration of
Firearms acquired by Certain GovernmentalEntities, Form 10 within 120-days of the date of
publication in the Federal Register.
• Permanently remove or alter the “stabilizing brace” so that is cannot be reattached and thereby
removing it from regulation as a “firearm” under the NFA.
• Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm thus removing
it from the provisions of the NFA.
• Turn the firearm into your local ATF office.
• Destroy the firearm. For more information go to How to Properly Destroy Firearms | Bureau of
Alcohol, Tobacco, Firearms and Explosives (atf.gov).
REGISTRATION AND OTHER COMPLIANCE OPTIONS
8. I A M A P A W N B R O K E R A N D I H A V E I N P A W N E D I N V E N T O R Y A C U S T O ME R ‘ S P I S T O L W I T H A
S T A B I L I Z I N G B R A C E . WH A T D O I D O ?
• The final rule is effective the date it is published in the Federal Register. Once the final rule is
effective, current possessors of affected firearms will have five options to comply, which must be
accomplished within 120 days of publication. The five options for compliance are:
o Register the weapon,
o Permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be
reattached,
o Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm,
o Turn the firearm into your local ATF office, or
o Destroy the firearm.
There may be State laws which impact one or more of the provided options to comply with final rule
2021R-08F. Contact your State Attorney General’s Office (www.naag.org) for information on any such
State restrictions. Once the final rule is effective, firearms that are now considered SBRs CANNOT be
transferred (returned) in their current configuration unless they are properly registered.
9. I POSSESS A PISTOL, WHICH WAS IMPORTED AND THEN SUBSEQUENTLY EQUIPPED WITH A STABILIZING
BRACE. DOES 18 U.S.C. § 922(R) APPLY TO MY FIREARM?
• No. Section 922(r), in relevant part, makes it unlawful to assemble from imported parts a
semiautomatic rifle that is otherwise not importable. The implementing regulations of the GCA
at 27 CFR 478.39 provides that a person may not assemble a semiautomatic rifle using more
than 10 of the imported parts listed in the relevant paragraphs of the regulation. As discussed
in section IV.B.8.e of the final rule, the criminal violation under section 922(r) is for the
“assembly” of the semiautomatic rifle; therefore, no modification of such firearm would cure
the 922(r) violation because the “assembly” has already occurred. Accordingly, a person with
an imported pistol that was subsequently equipped with a “stabilizing brace” will have the
same options as anyone else under the final rule. Should that person choose to register the
firearm, no further modification of the firearm with domestic parts is required.
10. ONCE THE FIREARM IS REGISTERED AS A SHORT-BARRELED RIFLE (SBR) CAN I REMOVE/CHANGE
THE “STABILIZING BRACE” OR ATTACH AN ITEM MARKETED AS A STOCK? IF SO, AM I REQUIRED TO
NOTIFY ATF IN ADVANCE?
• Yes, the firearm is registered as an SBR, and you can change out the “brace” device or stock for
a different brace or stock. You do not need to contact ATF/NFA because changing the
brace/stock does not change the configuration of the SBR. However, if the length of the
firearm has changed you will need to notify the NFA Division.
11. IF I NO LONGER WANT AN SBR AND I REMOVE T HE “BRACE,” DO I NEED T O CONTACT T HE NFA TO UNREGISTER MY SBR WITH AN ATTACHED “ STABILIZING BRACE”?
• It is not a requirement to remove your SBR from the NFRTR; however, ATF highly recommends
you notify the Government Services Branch (GSB) of the National Firearms Act Division to remove
the firearm from the NFRTR registry. All NFRTR updates should be emailed to nfafax@atf.gov
12. CAN I REGISTER MY FIREARM WITH A “STABILIZING BRACE” TO MY TRUST?
• Yes, however, the firearm would have needed to be owned by the trust prior to the date the
final rule is published in the FederalRegister. Evidence that the firearms was in trust should be
provided with the registration document.
13. IS THERE A LIMIT OF HOW MANY FIREARMS WITH A “STABILIZING BRACE” THAT I CAN REGISTER AS SBRS FOR
FREE DURING THE TAX FORBEARANCE PERIOD?
• The tax forbearance only pertains to the firearms with an attached “stabilizing brace” in your
possession at the time the final rule is published. There is no limit on how many you may
register, but owners in possession of these types of SBRs must register within 120-days from
the date of publication in the Federal Register.
14. IF MY SBR IS MADE AFTER THE DATE OF PUBLICATION OF THE FINAL RULE, CAN I STILL
REGISTER IT AS AN SBR FOR FREE DURING THE TAX FORBEARANCE PERIOD?
• No. The registration options available to a possessor of such firearm applies to those possessed
on the effective date of the final rule.
15. IF I ATTACHED MY “STABILIZING BRACE” ON A RIFLE WITH A 16” BARREL, WILL THE FIREARM FALL
WITHIN THE PURVIEW OF THE NFA?
• Generally, no. A rifle with a barrel (rifled) of at least 16 inches would not be an SBR under the NFA
regardless of whether it incorporates a “stabilizing brace” or traditional shoulder stock. Note, the
firearm would need to retain an overall length of at least 26 inches and not fall into other NFA
categories. Firearms with an attached “brace” device may be submitted to FATD for a
determination.
“STABILIZING BRACE” DEVICES
16. CAN I LEGALLY SELL MY “STABILIZING BRACE” TO SOMEONE WHO MAY BE INTERESTED IN MAKING A
SHORT-BARRELED RIFLE (SBR)? EVEN AFTER THE TAX FORBEARANCE PERIOD TERMINATES?
• ATF does not regulate the sale of firearm accessories.
17. IS THE “ STABILIZING BRACE,” BY ITSELF, AN ITEM THAT REQUIRES REGISTRATION UNDER NFA?
• No, a “stabilizing brace” is an accessory and ATF does not regulate accessories. However, a
firearm equipped with a “stabilizing brace” may be subject to registration if it is an SBR because it
is “designed, redesigned, made or remade, and intended to be fired from the shoulder,” as
described by the amended definition of “rifle” in the Code of Federal Regulations and has a
barrel(s) of less than 16 inches or an overall length of less than 26 inches.
18. CAN I REMOVE THE “STABILIZING BRACE” AND ATTACH IT TO ANOTHER FIREARM?
• A “stabilizing brace” may be removed and attached to another firearm, but all NFA requirements
apply if attaching such “stabilizing brace” configures the weapon as an NFA firearm.
19. IF I HAVE A DISABILITY AND NEED A “STABILIZING BRACE” TO OPERATE THE FIREARM (AS IT WAS ORIGINALLY
DESIGNED AND INTENDED), DO I NEED TO REGISTER IT?
• Yes, if the firearm with the “stabilizing brace” is an SBR, it needs to be registered within
120-days from the date of publication in the Federal Register.
TRANSFER OR SALES
20. AFTER PUBLICATION OF THE FINAL RULE, CAN A FEDERAL FIREARMS LICENSEE SELL A FIREARM AND A
“STABILIZING BRACE” IN ONE TRANSACTION?
• If the attachment of the “stabilizing brace” to the firearm would make it a short-barreled rifle
(SBR), the firearm must be registered in the National Firearms Registration and Transfer Record
(NFRTR) prior to transfer. Thus, the FFL must first register the SBR through an E-Form1 and then further transfer on an ATF Form 4.
21. WHAT ARE MY OPTIONS IF I W ANT TO SELL MY “REGISTERED” FIREARM AS AN SBR WITH OR WITHOUT
THE BRACE?
• If you are selling the firearm as an SBR, which is “registered” in the NFRTR, an ATF Form 4, Tax
Paid Transfer would be required to complete the transfer.
POSSESSION OF SBRS WITH AN ATTACHED “STABILIZING BRACE” AFTER TAX FORBEARANCE PERIOD
ENDS
22. AFTER THE 120-DAY FORBEARANCE EXPIRES, WILL ALL UNREGISTERED FIREARMS WITH AN ATTACHED
“STABILIZING BRACE” THAT ARE SHORT-BARRELED RIFLES (SBRS) BE CONSIDERED CONTRABAND?
• Yes.
23. CAN I POSSESS A PISTOL AND UNATTACHED “STABILIZIN G BRACE”?
• An NFA firearm need not be assembled to be regulated as such. Whether a person may be in
constructive possession of an NFA firearm depends on the facts of a particular case.
24. WHAT ARE THE CONSEQUENCES IF I INTENTIONALLY CHOOSE NOT TO REGISTER MY FIREARM WITH A
“STABILIZING BRACE,” WHICH IS AN SBR, A ND KEEP IT?
• Unlawful possession of an unregistered SBR is punishable by up to 10 years’ imprisonment or
$10,000 in fines, or both. (26 U.S.C. 5861(d), 5871).
25. PRIOR TO AND AFTER THE EXPIRATION OF THE 120-DAY TAX FORBEARANCE, CAN I CONTINUE T O
POSSESS MY SBR EQUIPPED WITH A “STABILIZING BRACE” I F I HAVE TIMELY SUBMITTED M Y APPLICATION
TO REGISTER M Y FIREARM?
• Yes, but registrants should maintain proof of submission as evidence of continued lawful
possession.
STATE LAW
26. IF THE STATE I R ESIDE IN PROHIBITS THE OWNERSHIP/POSSESSION OF A SHORT-BARRELED R IFLE (SBR), CAN
I STILL REGISTER M Y FIREARM AS AN SBR?
• ATF will not approve an application of an SBR that violates State laws.
MARKINGS
27. ONCE THE FIREARM IS REGISTERED, AM I REQUIRED T O MARK T HE FIREARM S INCE I MANUFACTURED A SHORTBARRELED RIFLE (SBR)?
• If the SBR equipped with a “stabilizing brace” is registered within the 120-day tax forbearance
period, the possessor is allowed to adopt the markings on the firearm. The maker’s marking
exception is only applicable to firearms that are registered pursuant to the final rule. If the
firearm is a personally made firearm, the possessor must mark in accordance with 27 CFR 478.92
& 479.102 prior to submitting the E-Form 1.
MISC ELLANEOUS
28. CAN A SHORT-BARRELED SHOTGUN BE REGISTERED DURING THE 120-DAY TAX FORBEARANCE PERIOD?
• No.
Shooters of Columbus
