Biden's Justice Department announced a new rule yesterday stating that if a firearm with a barrel shorter than 16 inches is fitted with a brace (i.e. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner must pay a tax stamp, just like an SBF. Which sucks bigtime.
If you currently own an AR-style pistol with a barrel shorter than 16 inches, here are the options the feds are giving you:
Any weapons with "stabilizing braces" or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the "stabilizing brace" such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
That's right, if you don't comply, you will be in possession of a federally illegal firearm and subject to federal prosecution. This is a really big deal, as there are upwards of 40 MILLION such firearms in circulation in America. And federal offenses are not good.
Here is the entire announcement from the ATF:
On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, "Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,'" amending ATF's regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.
The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported "stabilizing brace" (or other rearward attachment) 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. The rule's amended definition of "rifle" clarifies that the term "designed, redesigned, made or remade, and intended to be fired from the shoulder" includes 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 listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
This rule does 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. However, if the firearm with the "stabilizing brace" is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register.
This rule is effective the date it is published in the Federal Register. Any weapons with "stabilizing braces" or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the "stabilizing brace" such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
Please note that this is the text of the final rule as signed by the Attorney General, but the official version of the final rule will be as it is published in the Federal Register. The rule will go into effect once it is published in the Federal Register.
Here is the entire document full of bureau-speak if you feel like giving yourself nausea.
Attorney General Merrick Garland said this about the new rule, because he is a putz:
"Keeping our communities safe from gun violence is among the Department's highest priorities," read the statement from Garland. "Almost a century ago, Congress determined that short-barreled rifles must be subject to heightened requirements. Today's rule makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles."
Nearly every member of the Senate Republican caucus sent a letter to Attorney General Garland demanding he withdraw of the rule.
"The way the proposed rule is written makes clear that ATF intends to bring the most common uses of the most widely possessed stabilizing braces within the purview of the NFA," the senators said. "Doing so would turn millions of law-abiding Americans into criminals overnight, and would constitute the largest executive branch-imposed gun registration and confiscation scheme in American history."
The NRA responds:
This new rule has surprisingly flown way under the radar. It's not getting NEARLY the amount of attention it should be getting. So make sure to share this with your friends who own AR-style pistols, assuming they haven't yet lost them in a tragic boating accident.
