Is Pistol Brace Legal Now?
The legal status of pistol braces has been a topic of debate and controversy in recent years. A pistol brace is a device that attaches to the back of a pistol, allowing it to be fired with both hands and providing additional stability. The question of whether pistol braces are legal now is a complex one, and the answer depends on various factors.
What is a Pistol Brace?
A pistol brace is a type of accessory that is designed to be attached to the back of a pistol, typically a short-barreled rifle (SBR) or a pistol-length rifle. It is usually a flexible or collapsible device that allows the user to fire the pistol with both hands, providing additional stability and control. Pistol braces are often used for competitive shooting, hunting, and self-defense.
Legal Status of Pistol Braces
Prior to 2021, pistol braces were generally considered to be legal under federal law as long as they were used in conjunction with a firearm that was legal under the National Firearms Act (NFA). However, the legal landscape changed in January 2021 when the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a new ruling that effectively banned the use of pistol braces on pistols that were not previously registered as short-barreled rifles (SBRs).
ATF Ruling 2021-1
On January 4, 2021, the ATF issued a new ruling, Ruling 2021-1, which stated that pistol braces attached to pistols that are not previously registered as SBRs are now considered to be short-barreled rifles (SBRs) under federal law. This ruling effectively banned the use of pistol braces on pistols that were not previously registered as SBRs.
Key Points from the ATF Ruling
• Pistol braces are now considered to be part of the overall length and configuration of the firearm. This means that if a pistol is equipped with a pistol brace, it is now considered to be a short-barreled rifle (SBR) under federal law.
• All pistols equipped with pistol braces must be registered as SBRs. If a pistol is not previously registered as an SBR, it is now considered to be an unregistered SBR and is subject to the same penalties as an unregistered SBR.
• Pistol braces can no longer be used on pistols that are not previously registered as SBRs. The use of pistol braces on pistols that are not previously registered as SBRs is now illegal under federal law.
Consequences of Non-Compliance
If you are found to be in possession of a pistol equipped with a pistol brace that is not previously registered as an SBR, you could face severe penalties, including:
• Criminal charges. You could be charged with a felony for possessing an unregistered SBR.
• Civil penalties. You could be subject to civil penalties, including fines and forfeiture of the firearm.
• Confiscation of the firearm. The firearm could be confiscated by law enforcement.
What Can You Do?
If you are currently in possession of a pistol equipped with a pistol brace, you have several options:
• Register the firearm as an SBR. You can register the firearm as an SBR with the ATF, which will allow you to continue using the pistol brace.
• Remove the pistol brace. You can remove the pistol brace from the firearm, which will make it legal under federal law.
• Sell or dispose of the firearm. You can sell or dispose of the firearm to avoid the risk of criminal charges or civil penalties.
Table: Options for Pistol Braces
| Option | Description |
|---|---|
| Register as SBR | Register the firearm as an SBR with the ATF |
| Remove the pistol brace | Remove the pistol brace from the firearm |
| Sell or dispose of the firearm | Sell or dispose of the firearm to avoid criminal charges or civil penalties |
Conclusion
The legal status of pistol braces has changed significantly in recent years. The ATF’s ruling in 2021 has effectively banned the use of pistol braces on pistols that are not previously registered as SBRs. If you are currently in possession of a pistol equipped with a pistol brace, it is essential to take action to comply with federal law. You can register the firearm as an SBR, remove the pistol brace, or sell or dispose of the firearm to avoid the risk of criminal charges or civil penalties. It is important to note that the legal landscape is subject to change, and it is always best to consult with a qualified attorney or firearms expert to ensure compliance with federal law.
