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Factoring Criteria for Firearms with Attached “Stabilizing Braces”

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  • Southpaw

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    On June 7, 2021, the Attorney General signed ATF proposed rule 2021R-08, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is “intended to be fired from the shoulder.”


    The proposed rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” 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.

    What is Proposed in this Rulemaking?

    The proposed rule would:


    • Amend the definition of “rifle” in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition to clarify that the term “rifle” includes any weapon with a rifled barrel and equipped with an attached “stabilizing brace” that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder.
    • Set forth a worksheet “Factoring Criteria for Rifled Barrel Weapons with Accessories commonly referred to as ‘Stabilizing Braces,’” ATF Worksheet 4999, to aid the firearms industry and public in understanding the criteria that ATF considers when evaluating firearm samples that are submitted with an attached “stabilizing brace” or similar component or accessory.
    This proposed rule would 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.

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    grumper

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    I like how they reserve the right to classify your gun as a SBR anyway even if it falls below 4 naughtiness points.

    A firearm that accumulates less than 4 points in Section II (Accessory Characteristics), and less than 4 points in Section III (Configuration of Weapon), will generally be determined not to be designed to be fired from the shoulder, unless there is evidence that the manufacturer or maker expressly intended to design the weapon to be fired from the shoulder.
     
    Last edited:

    gll

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    It goes against my nature to ever be optimistic, especially since many may needlessly suffer if this rule is implemented and actually enforced, but it is so egregious and disregarding of Heller's common use, that it could be the vehicle by which some case(s) may go to SCOTUS which ultimately may result in the SBR/SBS section of the NFA being declared unconstitutional, as it rightfully is.

    It could be argued that SBR's are not in common use, as the NFA restrictions limit their numbers, but it can hardly be argued that braced pistols are not in common use, if they really number >10 million, while the ATF is claiming that braced pistols and SBR's are functionally identical.
     

    Bozz10mm

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    Going by the Form 4999, I guess my PC Charger with a FS1913 brace is done for too. We need to inundate them with public comments when that becomes available.
     

    MTA

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    Hey man I posted a duplicate thread too on this yesterday. Southpaw beat us to the punch in the Gun Legislation sub forum

     

    Darkpriest667

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    Hey man I posted a duplicate thread too on this yesterday. Southpaw beat us to the punch in the Gun Legislation sub forum


    Thanks MODS/ADMIN please close and merge
     
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