BREAKING: Biden Issues Final Rule to Criminalize Pistol-Braced Firearms, GOA Condemns It

(Photo: ATF)

By Gun Owners of America:

Washington, D.C. – Today, in their latest assault on the Second Amendment rights of gun owners, the Biden ATF issued their final rule to reclassify millions of commonly-owned pistol-braced firearms as illegal short-barreled rifles and shotguns under the antiquated and draconian National Firearms Act of 1934. President Biden’s executive action will force gun owners to register guns with the federal government and will infringe on the Second Amendment.

The rule has faced significant opposition within the firearms industry and Second Amendment community, as the independent Congressional Research Service estimates that up to 40 million of these braces are currently in civilian circulation. 

Erich Pratt, GOA’s Senior Vice President, issued the following statement:   

“This administration continues to find new ways to attack gun owners, and this time their target is brace-equipped firearms that allow persons with disabilities to safely and effectively use pistols. We will continue to work with our industry partners to amplify the disapproving voices in the firearms industry, and the Gun Owners Foundation, our sister legal arm, will be filing suit in the near future.”  

Aidan Johnston, GOA’s Director of Federal Affairs, added: 

“President Biden just initiated the largest federal gun registration scheme in our nation’s history without even the passage of a new law. GOA is actively working with Congress to pass a resolution blocking this rule under the Congressional Review Act, and we continue to lobby lawmakers to support Rep. Clyde and Sen. Marshall’s Stop Harassing Owners of Rifles Today (SHORT) Act. If President Biden will not sign such legislation, then Congress must defund this rogue agency.” 

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ATF Press Release for Final Rule Effecting Pistol Braces:

On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.

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 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.

This rule does 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. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.

SEE ALSO: GOP Lawmakers Introduce Bill to Deregulate Certain NFA Firearms, Stop Pistol Brace Registration 

This rule is effective the date it is published in the Federal Register.  Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.

Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register. 

Here is the Final Rule, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces‘”:

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  • Mark Hawkins March 4, 2023, 10:12 am

    Just as the slide fire/bump stock ban was overturned, so will this illegal mandate made by gun hating, appointed not elected, morons.

  • GrampieErectis January 27, 2023, 8:58 am

    My elderly wife has severe osteoarthritis and due to size constraints on my part requires the use of a pistol type brace to achieve coitus during our marital relations . As a senior citizen, Veteran, and responsible community member I find it appalling that the A.T.F. or any other misguided government agency can enter my domicile unannounced without a warrant and interrupt matters of such a sensitive nature. Senior citizens in our position (missionary) should immediately petition our representatives and courts to address this vile miscarriage of justice.

  • M1917 January 18, 2023, 10:28 am

    Geez, what a bunch of partisan whiners. When is the last time you actually went hunting to put meat on the table? Or had to fend off redcoats stomping through your field? NEED vs. WANT= ignorant whiners making up B.S. fencepost sea lawyer horsepucky. P.S.: Your “God” didn’t have a damn thing to do with our Constitution, that sillyness was added in the 1950’s.

    • Kane January 19, 2023, 11:57 am

      M1917? Do you consider an M1917 Enfield in the same bogus catagory of any other supposed “weapon of war”? Why why NOT? Where does “NEED vs. WANT” come into play in your hypocritical world?

      God given rights have influenced the rights of most of the great philosophers and in the US most demand their government recognize such rights. Those rights, like self defense are more basic than civil rights.

      You must be really young and very uninformed but there are well known written words that you somehow misssed and your incompetent perverted teachers never bothered to present to you.

      “…endowed by their Creator with certain unalienable Rights…”

    • Hondo January 21, 2023, 9:40 am

      Why are you so dopey? Run along now so the adults can talk without your imbecilic remarks.

    • ejharbet January 31, 2023, 9:27 am

      while I like both kanes and hondos replies I’m more in hondos camp. I find arguing with cretins equal to the casting pearls. time better spent preparing to deal with them when they get enough courage to come at us.

  • paul I'll call you what I want/1st Amendment January 17, 2023, 5:37 am

    Man looks like a demon and talks like a preacher! If someone want’s a brace then more power to them!!! I think it’s a sad day when some people who know nothing about guns can think themselves experts and impose their will on others…….

  • RAMBO1 January 16, 2023, 12:13 pm

    Two feathers and (he/him) are obviously as stupid about there gov and country as can be– not worth the time to respond to such ignorance– with that said we must keep up the fight!

  • Mike P. January 16, 2023, 10:45 am

    Everybody was fine until some idiot asked ATF if it was ok if it “touched your shoulder”.

    • ejharbet January 31, 2023, 9:33 am

      I honestly don’t think the askers of permission made any difference in what’s happening.
      the theft of a presidency opened this door. if it can’t be closed with constitution and lawfare.
      it will be closed by blood and death and pain. I bet a large number agree with me.

  • Mike Price January 16, 2023, 10:35 am

    If these dimwit gun owners would just quite bringing up an issue with them, nothing would change.

  • Joseph Syn January 16, 2023, 10:29 am

    ARE YOU GOING TO OBEY???

    • Ted January 16, 2023, 4:41 pm

      Obey what ? I dont own any of those firearms 😉

      • Hondo January 25, 2023, 8:12 am

        So anything you own is okay to be banned and deemed illegal? You really aren’t that bright are you?

    • ejharbet January 31, 2023, 9:35 am

      guns are icky
      glow somewhere else

  • Robert Lee January 16, 2023, 9:13 am

    To see this as anything other than an anti constitutional law after the bump stock ruling is misguided. This will do nothing other than virtue signal the anti gun mob. I think this will be another nail in the coffin of the ATF and we are running out of space for more nails. It is time to have the burial and get on with our lives.

  • Two Feathers January 16, 2023, 8:35 am

    Although I, personally, don’t really care for them, if you want one you should be able to get one. That being said, the person buying one needs to have enough common sense to make sure that they are legal when attaching it to their firearm. We, gun owners/manufacturers/and dealers, are shooting ourselves in the proverbial foot.
    Now, if a person is handicapped where they need one to shoot their pistol, they will need to have a doctors note and keep it on their person at all times to prove that they need a brace to help stabilize them at the target range…it is sad that we have come to this type of rhetoric, but we need to start using common sense.

    • Bucknut45 January 16, 2023, 10:08 am

      Yes, absolutely right Mr. Two Feathers. We should always ask permission from government before we do anything. We should also have to show “need” before we exercise a God given, Constitutionally protected right.

    • Jeffrey January 16, 2023, 1:10 pm

      What about those of us who made the purchases when they were legal?

    • ted January 16, 2023, 4:46 pm

      If you read US v miller, the type of weapons that SHOULD be protected, are weapons that the “militia” (US) would use for the common defense. Since the current weapon the US armed forces uses is a M4, that has a barrel SHORTER then 16,or in other terms, a SHORT BARREL RIFLE, then a SBR SHOULD NOT BE REGULATED !

  • Blue Dog (he/him) January 14, 2023, 11:36 am

    This rule reflects how these “braces” are used by shooters all across the country. I hope every guy who thought he was so cute, running his mouth bragging about shouldering one of these braces like a rifle takes notice and considers how he (or she) might have contributed to the need for this ruling. As much as I loathe profanity, like the lady on the radio said, they FA’d and FO’d.

    • Rolf Steiner January 16, 2023, 4:07 am

      “might have contributed to the need for this ruling.”

      Nothing more is needed to know your true colors and it ain’t Red, White, and Blue.

    • Timothy January 16, 2023, 7:50 am

      The addition of a brace does NOTHING to change the rifle nor allow the 2ndAmendment to be ignored! The People have the RIGHT to protect themselves from a corrupt, ie this Administration, government. If you want to be like China and Russia… move your ass there!!!

    • krinkov545 January 16, 2023, 8:00 am

      Say hi to your Bitit Dunce when you get to eternal torment useless lefty dog. Without are the…. dogs. Revelation 22:15.

      • Blue Dog (he/him) January 16, 2023, 4:14 pm

        Your insult is not particularly clear, Krink. In context with your other comment, I am guessing when you say “Bitit Dunce”, you mean President Biden. Is this correct?

        • Hondo January 21, 2023, 8:12 am

          Bluedouche it/clown , more drivel from this clown, go away already.

    • Kent San January 16, 2023, 8:27 am

      Are you high? Nothing an owner of a brace did lead to this action. The BATFE is simply doing what Biden told them to do.

      • krinkov545 January 16, 2023, 12:22 pm

        Dunce just can’t leave it be. Typical libs!t bafoonery.

    • Kane January 16, 2023, 10:41 am

      So Biden was prompted to outlaw millions of firearms based on chit chat?

      Did you notice that Biden stated he wants all semi-autos, 9mm and he supports Beto’s call for confiscating “assault” style firearms?

      Do you believe Biden is OK with your 1911 .45 acp?

      Can you explain why you consider arbitrary NFA regulations on specific barrel length to be legitimate?

    • krinkov545 January 16, 2023, 12:25 pm

      Complete rejected by God you vile disgusting lefty loser. Just like your Dunce Biteit!

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