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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:
- Immediate clarification that FIPB’s email does not represent the ATF’s official position.
- Assurance that a stabilizing brace does not automatically classify a pistol as an SBR.
- 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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one could easily say that sbr’s are actually pistols!!!