Recent'ish ATF Pistol Stabilizing Brace Ruling
Sorry this is so late. I have been meaning to get something out sooner but life gets in the way.
On January 31, 2023 the ATF re-evaluated their prior definition of a pistol stabilizing brace. They basically reversed their prior ruling/definition/evaluation of pistol stabilizing braces. If it has a surface area facing the rear that would assist with shouldering the gun or a padded buffer tube then it is not a stabilizing brace and would require you to register it as a SBR. While there are a few braces that they still consider a stabilizing brace but most have been labeled a stock. Now that most braces are now a stock, that makes your "pistol" now a Short Barreled Rifle or SBR. This means you have a firearm that falls under the NFA branch of the ATF, requiring, registration, a $200 tax stamp, and marking requirements.
The ATF had a grace period but that expired May 31, 2023. The grace period included a free tax stamp if you filled out the paperwork before the expiration date. If you filled out the paperwork and are awaiting the tax stamp you need to remove the brace or disassemble the firearm until you receive the tax stamp. If you disassemble the firearm keep the parts in separate areas so it is not readily available to use.
YOUR OPTIONS:
1. Destroy the firearm. Please don't do this but if this is the route you want to take get with us and we can take care of that for you.
2. Surrender the firearm to the ATF. Again please don't do this but if this is the route you want to take get with us and we can take care of that for you.
3. Disassemble the firearm. Not really recommended but an option. If you need help get with us and we can assist.
4. Remove the pistol stabilizing brace.
5. Leave the brace in place and register the firearm with the ATF NFA branch as a SBR (Short Barreled Rifle) using the ATF Form 1.
If you choose option #5, and I would recommend that option, there are a lot things to that go into it. First you have to give the federal government a $200 tax for the privilege of possessing the SBR. Second you have to register a firearm, ie: let the federal government know you have a firearm. Next you will have to either create a firearm trust and assign/give it to the trust, which I highly recommend, or register it to yourself. Either of those ways will limit the person who can be in possession of the gun. You will also have to abide by the marking requirements the same as firearm manufacturers.
While we are not a Class III dealer if you have any questions or need help please don't hesitate to contact us.
Link to ATF cliff notes of the ruling:
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces?_ga=2.44112226.795230774.1689652836-300218878.1689652836
Link to PDF of the entire ruling:
https://www.govinfo.gov/content/pkg/FR-2023-01-31/pdf/2023-01001.pdf
PDF of ruling