{"id":138794,"date":"2020-12-17T12:06:09","date_gmt":"2020-12-17T17:06:09","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=138794"},"modified":"2020-12-17T12:06:09","modified_gmt":"2023-09-07T04:51:55","slug":"atf-guidance-letter-for-stabilizing-braces-says-each-firearm-considered-on-case-by-case-basis","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/atf-guidance-letter-for-stabilizing-braces-says-each-firearm-considered-on-case-by-case-basis\/","title":{"rendered":"ATF Guidance Letter for Stabilizing Braces Says Each Firearm Considered on ‘Case by Case Basis’"},"content":{"rendered":"\n
\"ATF
The ATF’s newly leaked “guidance letter” clarifies little for gun owners. (Photo: ATF Facebook)<\/em><\/span><\/figcaption><\/figure>\n\n\n\n

<\/p>\n\n\n\n

The Bureau of Alcohol, Tobacco, and Firearms (ATF) has leaked a notice set to be published in the federal register today that purports to provide guidance to gun owners on whether the addition of a stabilizing brace transforms a pistol into an NFA-regulated short-barreled rifle (SBR).<\/p>\n\n\n\n

The proposed new rule comes after the ATF reversed their position<\/a> on stabilizing braces in October, telling gun company Q, Inc., that their \u201cHoney Badger\u201d pistol would be considered an SBR while fitted with a brace. After an uproar from gun owners and manufacturers, the agency promised to clarify their ruling.<\/p>\n\n\n\n

According to today\u2019s notice, the ATF will consider factors like caliber, length, weight, and sights when classifying firearms equipped with a stabilizing brace. The guidance also clarifies that the ATF makes determinations on individual firearms \u201cholistically on a case-by-case basis.\u201d In other words, the ATF claims it does not and has not ruled that any make or model of pistol brace exempts all firearms from NFA classification.<\/p>\n\n\n\n

The pro-gun group Gun Owners of America pointed out in a press release that, contrary to the new guidance, the ATF has issued approval letters for pistol braces in the past.<\/p>\n\n\n\n

\u201cAlthough ATF issued classification letters which approved various pistol braces, this Notice apparently would rescind all those prior letters,\u201d the group said. \u201cGoing forward, ATF claims that a \u2018classification pertains only to the particular sample submitted\u2019 — meaning a particular firearm, with a particular brace, outfitted in a particular way with particular accessories. If any of those change, the classification would no longer apply.\u201d<\/p>\n\n\n\n

SEE ALSO: Lawmakers Send Letter to ATF to Stop Secret Rules Restricting Pistol Braces<\/a><\/h2>\n\n\n\n

The ATF provided a list of supposedly objective features they will consider when determining whether a firearm is considered an NFA item even when fitted with a pistol brace. This list, they say, is not exhaustive.<\/p>\n\n\n\n