ATF Says ALL Braced Pistols Are SBRs, In Violation Of The Law

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Gun Owners of America (GOA) is raising serious concerns about a recent email sent by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The email, which was sent to a GOA member on December 11, 2024, claims that attaching a stabilizing brace to a pistol creates a short-barreled rifle (SBR) under the National Firearms Act (NFA).

This stance, GOA asserts, disregards several federal court rulings that blocked enforcement of the ATF’s controversial pistol brace rule.

The situation began when a GOA member emailed the ATF, writing:

“I recently purchased a CZ Scorpion Mini Plus pistol and I’m considering installing a pistol brace. However, I’ve encountered conflicting information regarding whether this modification would require the firearm to be registered as an SBR. Could you please provide clarification on the applicable regulations? Thank you for your assistance.”

The ATF’s Firearms Industry Programs Branch (FIPB) responded, stating:

“Federal law requires a pistol with an attached stabilizing brace or stock be registered as a short-barreled rifle (SBR).”

The ATF acknowledged federal court rulings that deemed its pistol brace rule unlawful, noting:

“Federal courts have found the rule unlawful and have enjoined its enforcement. In fact, one district court has even vacated the pistol brace rule.”

Despite this, the ATF claimed authority under the NFA and Gun Control Act to classify firearms equipped with stabilizing braces as SBRs, stating:

A firearm designed and intended to be fired from the shoulder that meets the statutory definition of a short-barreled rifle contained in the NFA, regardless of what is used as a stock, must be made and transferred in accordance with the statutory requirements of the NFA.”

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This response sparked immediate concern from GOA. Senior Vice President Erich Pratt criticized the ATF’s interpretation, saying:

“It seems like ATF is arguing that pistol brace rule or not, it’s considering any firearm with a brace or even anything similar to a brace to be an SBR.”

Pratt pointed to the phrase “regardless of what is used as a stock” as particularly troubling, questioning if this could extend to items like AR-15 buffer tubes.

In response, GOA sent multiple inquiries to ATF leadership demanding clarification. On January 8, 2025, Pratt sent a letter asking for a response by the same day.

When no reply was received, GOA elevated its concerns to ATF Deputy Directors Andrew Lang and James Vond, as well as Assistant Director Megan Bennett. The letter demanded:

  1. Immediate clarification that FIPB’s email does not represent the ATF’s official position.
  2. Assurance that a stabilizing brace does not automatically classify a pistol as an SBR.
  3. A guarantee that the ATF will comply with court injunctions blocking enforcement of the pistol brace rule.

The letter also emphasized:

“It is difficult to imagine FIPB’s novel interpretation of the NFA, an unprecedented attempt to circumvent the orders of several federal district courts, surviving the imminent turnover in presidential administrations and forthcoming confirmation of a new ATF director.”

GOA concluded by urging President Trump, who takes office on January 20, 2025, to fulfill his promise to rescind the ATF’s pistol brace rule during his first week in office.

The group reiterated its commitment to fighting against what it calls the “weaponization” of federal agencies and working to abolish the NFA entirely.

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About the author: Larry Z is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.

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  • Chris Baker January 23, 2025, 7:27 pm

    ATF is continuing its unconstitutional banning and licensing requirements and ALL of them infringe on your right to keep and bear arms. IMO, AFT is unconstitutional and should be abolished along with a lot of other federal agencies.

  • Toolmaker51 January 20, 2025, 6:48 am

    Seeing lots of wordy yet thoughtful responses.
    How is ”shall not be infringed” so readily overlooked.

  • Daddy January 19, 2025, 6:27 pm

    ATF can flip flop and interpret all they want,
    But they can’t redefine laws or make laws.

  • Firegoat January 18, 2025, 12:32 pm

    This is an easy fix.
    Declassify SBRs.
    It’s a stupid regulation anyway.
    Take suppressors and SBRs off of the Class 3 list and pistol brasses won’t be an argument

  • David Milne January 18, 2025, 11:04 am

    The director of the ATF will be fired sometime after Monday. A new director is in the works. Don’t worry about it. Monday can’t come quick enough!!

  • Robert January 18, 2025, 7:56 am

    It’s not just about rescinding these unconstitutional law changes the ATF makes. The people making them should be fired immediately. They are willfully violating court decisions.

  • Smitty January 18, 2025, 6:49 am

    According to the ATF website, the braces and the gun have certain criteria to meet to be legal. Mine set up was legal . Too bad I dropped it out of the boat while duck hunting in 50′ of water. Oh well, at least i don’t have to be worried about it now.

  • Patrick January 17, 2025, 5:29 pm

    Two acts that need the be repealed – 1934 National Firearms Act and the 1968 Gun Control Act. Both violate the US Constitution’s Second Amendment.

    Then we need to get rid of the ATF. DOGE should be able to take care of that.

  • jerry January 17, 2025, 4:43 pm

    The ATF and several state legislatures and governors seem to be ignoring Supreme Court precedents. When the Court slaps down an anti 2A law the state just passes a new law almost identical to the previous one. It is exhausting to gun owners and our organizations to keep fighting the onslaught of pop-up laws and ATF rulings. And, we have to pay legal costs. Twice. We donate to the rifle ass’ns on one end and pay taxes to the state and fed governments on the other. It’s an unconstitutional game of whak-a-mole. In a better world, the Supreme Court would get pissed off at all the shenanigans and get pro-active by going after those scoff-laws and shut them down! Stay safe and be hopeful. There’s a new sheriff in town!

  • Dave January 17, 2025, 2:55 pm

    Like everything else attached to Biden, Court rulings mean nothing. The ATF needs to be disbanded and everyone employed by them banned from ever working for any government agency again. They act as thugs and terrorists. They should even lose their right to own a firearm.

    • Chris Baker January 23, 2025, 7:31 pm

      No one should lose their rights under the constitution.

  • Dave January 17, 2025, 2:54 pm

    Like everything else attached to Biden, Court rulings mean nothing. The AFT needs to be disbanded and everyone employed by them banned from ever working for any government agency again. They act as thugs and terrorists. They should even lose their right to own a firearm.

  • Elmer Fudd January 17, 2025, 2:54 pm

    It sounds like all the Commentors are in Agreement. The NFA is arbitrary, unconstitutional and we need abolish the BATFE.

  • Jawbone January 17, 2025, 2:38 pm

    Time to sue the ATF and impose punitive damages, possibly even criminal charges. This is utterly ridiculous.

  • Tommy Barrios January 17, 2025, 1:56 pm

    The Asinine Total Fµckups is NOT the LAW and absurd decisions like this is the very reason why agencies like this, need to abolished in TOTAL!
    Communicate with your legislature in order to get a bill passed that will completely abolish these kind of out of control agencies making their own laws and rules and regulations!
    Also communicate with your legislators in order to get the NFA completely abolished as it has done nothing to stop any criminal activity around firearms, NONE!

  • ccrider January 17, 2025, 12:34 pm

    The ATF needs to be gone- completely. They serve no useful purpose, except to attack the Second Amendment.

  • Mike January 17, 2025, 11:59 am

    The ATF email referenced seems to be counter to their own current practice. I applied for a Form 4 under their pistol brace rule late in the original tax stamp payment exemption period. The court rulings subsequently were issued enjoining the rule. The ATF has sat on my Form 4 application since May 2023, neither issuing it, nor denying it. Those who received approval during the exemption period, didn’t receive a tax stamp, but instead received a conditional approval of their Form 4, subject to the rule. It’s pretty clear the ATF is trying to have it both ways and not give people who applied under the rule a stipulation free SBR approval until and unless the rule clears legal challenges. At the same time, they act like the rule is in effect according to the referenced email.

  • Pop LeCorque January 17, 2025, 11:25 am

    My brace has been on and off so many times now I switched to wing nuts! 🙂

  • Bob January 17, 2025, 10:54 am

    Maybe yall should not send stupid emails to the ATF ! It’s already been shown out by the courts! Leave it be!

  • jeff hersha January 17, 2025, 10:53 am

    When we get back to the premise that “what” you shoot or carry is irrelevant to how you use it… and then prosecute violators who misuse any firearm, we will be free “er”.

  • Semifull Automatic January 17, 2025, 10:30 am

    All Braced Pistols Are SBRs, and subject to being arrested by ATF. Tell your braced pistols to keep the door locked and stay real quiet when the ATF knocks.

  • A Day January 17, 2025, 9:55 am

    Consider an extention of the rear pistol sight to double and triple the length of the sight plane.]

  • AK January 17, 2025, 9:41 am

    Sorry, ATF High Priest Dettlebach…you can take your gun-grabbing rainbow Sanhedrin and go drown your sorrows (and yourselves) in a nice big tub of chopped liver, ironically made by the Trump-loving-and-voting Orthodox Jews from the K-Street deli down the street.

  • Paul January 17, 2025, 9:04 am

    They are exactly like IRS. Writing their own regulations in defiance of law and enforcing them as they choose. And you get different opinions from different agents at different times. Maybe 40 years ago I contacted ATF to try to earn how they measured the length of a sawed off shotgun. After maybe 15 calls I finally got an agent who told me, ” I put the gun on a piece of paper and trace around it. Then I measure the trace.” I had asked about barrel length and whether it included the chamber. He never would respond to that, only to overall length. Then he told me,” Nobody is gong to measure your gun anyway.” I chose not to cut the barrel because his vague answer could have put me in prison.

  • TJJ January 17, 2025, 9:02 am

    For all intents and purposes the ATF, with the logic used in the FIPB email, could consider any handgun an SBR when held by a human. My hand, wrist, forearm, elbow, and upper arm when held straight form a long ‘stock’ attached to my shoulder, ergo a brace between the handgun and my shoulder. All of this is twisted logic in the first place to create novel ‘spaces’ in which to classify firearms in ways that exact excess and unreasonable control over law abiding citizens. The people in the ATF could be put to better use than coming up with these amend many other ill conceived arguments that don’t reduce crime.

  • R HAYS January 17, 2025, 8:13 am

    “A firearm designed and intended to be fired from the shoulder that meets the statutory definition of a short-barreled rifle.” That seems to be their focal point. Not that you could put a brace or stock on it, just that it is designed to “look” like a rifle. All be it a short one.

  • Jack Roberts January 17, 2025, 6:28 am

    The ATF is an unconstitutional alphabet organization. How is it that some bureaucrat can create a law out of thin air which is what has happened here. This isn’t codified. The entire organization should be scrapped with prejudice.

    Saying that gun owners did this to themselves is absolute horse$**t.

  • Blue Dog (he/him) January 15, 2025, 3:36 pm

    This case was easy to make. Too many yokels boast about using their braces like stocks and so the ATF is moving to regulate these accessories following their common but off-label use. We did this to ourselves.

    My kneejerk reaction is that this will be overturned almost immediately but with so many Democrats in the incoming administration, maybe they will be open to common sense solutions. Maybe that is just my optimistic nature shining through, though.

    • Birdslayer January 17, 2025, 9:59 am

      Been a while since we’ve been graced with Blue’s riveting insight. Seems bluey is back for the next 4 years to bless us all with her opinions subtly trolling us. We’re onto you blue…

    • Chum Lee January 17, 2025, 10:32 am

      Now present the “common sense” element vaguely referenced in your brilliant post.

    • Richard Wayne January 17, 2025, 11:05 am

      Looks like blue dog the troll has returned. Why don’t you go back to DU where you belong.

    • Robert Andrews January 17, 2025, 5:39 pm

      When you have the balls and say no, maybe something will happen, take your pistol braces and show up for a rally and prepare to kill for your right to have it, until then cry 😢

  • paul I'll call you what I want/1st Amendment January 14, 2025, 5:23 pm

    one could easily say that sbr’s are actually pistols!!!

    • Blue Dog (he/him) January 15, 2025, 3:39 pm

      This argument is difficult to make with a stock.

      A trapper sure would be a sweet little rifle, though. Maybe a 92 Winchester or 94 Marlin in .357 with a 25mm or 30mm barrel.

      I am just kidding. Metrics should never be used on firearms.

      • paul I'll call you what I want/1st Amendment January 15, 2025, 4:08 pm

        a stock is arbitrary when you are using pistol calibers. a 45acp with 6grs of powder will not have the velocity to go very far with inherent bullet drop! a 9mm with 4grs of powder won’t fair much better!!!

        • Blue Dog (he/him) January 16, 2025, 8:25 am

          Stocks are more than mere social constructs, paul. Not arbitrary at all, regardless of calibre or load.

          • AK January 17, 2025, 9:48 am

            The whole purpose of adding SBRs to NFA was in anticipation of further hoped-for-by-FDR national restrictions on handguns. Preventing the manufacture of a handgun by shortening a long gun would be another “loophole” to be closed. The original draft of NFA included handguns which, if it had survived, would have made your Colt Single Action subject to machine-gun-like strictures.

            Anyone who has been around long enough remembers that the focus of the political left, until Heller and McDonald, was on banning handguns.

            That obviously never happened, so the SBR rule – in a world of widespread handgun ownership and Mossberg “Shockwaves” – is an anachronism that should be removed.

          • Chinch January 17, 2025, 10:34 am

            To what effect? Stop playing the game that’s rigged to make sure you lose.

      • Curtis Z. January 17, 2025, 10:24 am

        My view is , a pistol braced firearm, is not an sbr. when the brace is used as intended, regardless if owner /user shoulder fires firearm. A pistol braced firearm has a legitimate purpose/need. There are those who will change/modify brace for shoulder fire use, here in lies the issue. Suggest an sbr./nfa. firearm for shoulder designed stock, pistol brace was not designed for shoulder use. The prove is in the design. ATF ruling would be another obstacle for the 2A public.

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