The great “pistol brace” debate is done. Regardless of your opinion on pistol braces and whether you feel the ATF is “right” or “wrong,” they’ve reached a decision on the braces. There are several (legal) options for dealing with existing firearms with braces.
Everyone knew the era of “pistol braces” was ending. Not surprising. What started as a good idea was co-opted and tweaked until the issue screamed for attention. If we’re being honest, we also have to admit the brace concept was abused and misused, and flaunted on social media. “Look at what I can do with my new “pistol brace.” Shooters had found a loop-hole, and yes, they were using them as a substitute for registering and acquiring a short-barrel rifle. Everyone could see this one coming. And then, there were a couple of firearms with pistol braces used in shootings.
The end.
The first brace which was approved was submitted to the ATF in 2012. Then, according to the Federal Register; Vol. 88, No. 20 / Tuesday, January 31, 2023 / Rules and Regulations: “In 2014, ATF began to see “braces” being used to fire weapons from the shoulder and new “brace” designs that included characteristics common to shoulder stocks.” This ruling also mentions “… how the firearm equipped with the “brace” was being used in the general community.”
In June of ’21 the ATF released a “work sheet” based on a point system to evaluate whether a firearm with a brace was “pistol” or a “short-barrel” rifle. Everyone agreed this system was complicated and difficult to work with.
While all this was going on there have been several million – nobody seems quite sure how many – braces of various designs manufactured, sold separately and with different types of “pistols.”
As an individual you have a few different options. There is a 120-day period that you can apply for a short-barrel registration for your “pistol” – without paying the normal $200 tax fee. Opinions vary as to how efficiently the electronic filing of this form will go with a few million likely applications. You can reconfigure the existing firearm, removing the brace completely. I spoke with Erik Longnecker today. He is the Deputy Chief of Public Affairs of the ATF. He told me that pistols without braces are still good, even those like the AR that must have a buffer tube to function, as long as there’s nothing attached to the tube that can be used as a “shoulder-stock.” Or, you can install a rifle or carbine length barrel.
I also contacted one of the larger area gun shops to see what they’re looking at with current inventory. They can remove the braces from the inventory and sell them as pistols or, it can be sold with the brace, but only as a short-barrel rifle, requiring registration. The manager also mentioned that one of the manufacturers was allowing them to return the braced pistols to be equipped with standard, slick buffer extensions.
At some point, the brace issue will work its way through the court system to determine which right and which side is wrong. Until then, it’s time to get working on ensuring your firearms are legal according to the current ruling.
Tiger McKee is director of Shootrite Firearms Academy. He is the author of The Book of Two Guns, AR-15 Skills and Drills, has a regular column in American Handgunner and makes some cool knives and custom revolvers. www.shootrite.org or visit Shootrite’s Facebook page for other details.