FLORIDA FIREARMS – Law, Use & Ownership

THE NEW RULE ON STABILIZING BRACES:

https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces

In January 2023 BATFE posted a new rule related to Stabilizing Braces that will have the effect of making many of them NFA if attached to a firearm that would otherwise qualify as a “handgun”. In other words, most AR type pistols with an attached brace will become a “short barreled rifle” if the brace is attached. However,  several brace manufacturers have successfully challenged the rule, and had injunctions issued to prohibit any enforcement on their products, or their memberships. In other words — the rule is being dismantled, piecemeal, in the courts.  But, for those manufacturers and memberships who have not yet had an injunction issued — the rule still applies, and could make attaching a brace a federal felony. Thus, you should know that the first part of the rule states:

“(1) For purposes of this definition, the term “designed or redesigned, made or remade, and intended to be fired from the shoulder” shall include 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 described in paragraph (2), indicate that the weapon is designed, made, and intended to be fired from the shoulder.”

The rule takes effect 120 days after it is published in the Federal Register. That has not happened yet as of the writing of this article. [1/30/2023] And, BATFE has waived the $200.00 registration fee, and made it fairly easy to register your firearm as a SBR (short barreled rifle) using the forms and information on their website: https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces.

To summarize, it appears that having an unattached stabilizing brace will not be a crime unless it is attached at some point beyond the 120 day period. But, unless you’ve submitted the proper paperwork before or within the 120 day grace period, anything after that will be a major felony unless you fall within the class of those braces or memberships who have had injunctions issued. Likewise,  some stabilizing braces will remain outside the NFA where truly designed for persons with physical issues. Early Stabilizing Braces were just that – and rarely extended beyond the elbow, and were awkward or impossible for shoulder shooting. Those, are still lawful, and not NFA – but BATFE says they will judge that on a case-by-case basis – although they have provided a list of certain firearms and braces that definitely will fall under NFA if a brace is attached. Just check that website address I first gave you for that information. It’s all there, but with the success of legal challenges — this rule probably won’t be around for long.  Even the NRA has just filed a law suit for an injunction to cover its members – although no injunction has yet been issued in that case as of the writing of this post.

If you are confused, and not familiar with this whole issue. A “rifle” is a firearm designed or meant to be fired from the shoulder. A stabilizing brace often allows the shoulder fire, and makes what once qualified as a “handgun”, now a “rifle” — at least, according to the ATF rule – because it can be shoulder fired and has a barrel size less than 16 inches (hence, a “short barreled” rifle). So – I hope that clears it up, somewhat. Whether the new rule is lawful or not is another question, and is highly doubtful.  Court decisions are telling that, but the decisions are restricted to only the plaintiffs in those individual cases, their customers, and members.  For everyone else,  at least until the courts finish off ATF completely, or Congress acts — violation of the rule is a serious felony, and not worth the risk.

[update July 8, 2023] — PLEASE NOTE:   the rule has been successfully challenged in several federal court cases where injunctions have been issued against ATF — finding that ATF did not have the authority to make such a rule — and in each of these cases the individual Plaintiff’s, their products, and any customers or  memberships are exempted from any prohibitions from this ATF Rule.  The way that works is that those manufacturers who were plaintiffs — their braces are legal despite the rule.    You would have to check the individual cases to see if you fall within their injunctive protections.  Most manufacturers and their dealers will also have this information on particular models now exempted from the ATF ruling.