Are Pistol Braces Legal in PA?
The legality of pistol braces in Pennsylvania has been a topic of debate among gun owners and enthusiasts in recent years. A pistol brace is a device that attaches to the back of a pistol, allowing it to be shouldered like a rifle. But are they legal to use in the Keystone State? In this article, we’ll delve into the current laws and regulations surrounding pistol braces in Pennsylvania to provide a clear answer.
What is a Pistol Brace?
Before we dive into the legality, it’s essential to understand what a pistol brace is. A pistol brace is a device that attaches to the back of a pistol, typically a handgun or a submachine gun. It is designed to allow the user to shoulder the weapon, making it more comfortable to shoot and increasing accuracy. Pistol braces are often made of rubber, metal, or other materials and come in various shapes and sizes.
Federal Law
The federal government has weighed in on the legality of pistol braces. In 2015, the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) issued a ruling that defined a pistol as a firearm that is designed to be fired with one hand, without the use of a shoulder stock. This ruling explicitly stated that a pistol with a shoulder stock, including a pistol brace, would be considered a short-barreled rifle (SBR) and would be subject to the National Firearms Act (NFA) regulations.
Pennsylvania State Law
Pennsylvania state law is more nuanced when it comes to pistol braces. The state has its own set of regulations regarding firearms, and these regulations are outlined in the Pennsylvania Consolidated Statutes. Specifically, Section 6106 of the Pennsylvania Consolidated Statutes defines a pistol as a firearm that is designed to be fired with one hand, without the use of a shoulder stock.
Is a Pistol Brace a Shoulder Stock?
This is where things get complicated. The Pennsylvania Attorney General’s Office has issued an opinion stating that a pistol brace is not a shoulder stock, as it is not designed to be used as a stock. The opinion argues that a shoulder stock is a device that is specifically designed to be used as a stock, whereas a pistol brace is a device that is designed to be used as a grip aid.
Legal Framework
So, what does this mean for the legality of pistol braces in Pennsylvania? Under federal law, a pistol with a shoulder stock, including a pistol brace, would be considered an SBR and would be subject to NFA regulations. However, under Pennsylvania state law, a pistol brace is not considered a shoulder stock, and therefore, it is not subject to the same regulations.
Current Status
As of now, it is legal to own and use a pistol brace in Pennsylvania, as long as it is used in accordance with federal and state laws. However, it’s essential to note that the legal landscape is constantly evolving, and new regulations or laws could be enacted at any time.
Table: Summary of Legal Framework
Law | Definition of Pistol | Definition of Shoulder Stock | Pistol Braces |
---|---|---|---|
Federal | Designed to be fired with one hand, without a shoulder stock | A device specifically designed to be used as a stock | SBR if used as a stock |
Pennsylvania State | Designed to be fired with one hand, without a shoulder stock | A device specifically designed to be used as a stock | Not a shoulder stock, not subject to same regulations |
Conclusion
In conclusion, the legality of pistol braces in Pennsylvania is complex and multifaceted. While federal law considers a pistol with a shoulder stock, including a pistol brace, to be an SBR and subject to NFA regulations, Pennsylvania state law does not consider a pistol brace to be a shoulder stock. As a result, pistol braces are currently legal to own and use in Pennsylvania, as long as they are used in accordance with federal and state laws.
Important Notes
• Always check with local authorities to ensure compliance with local laws and regulations.
• Consult with a legal professional if you have any questions or concerns about the legality of pistol braces in Pennsylvania.
• Make sure to follow all safety guidelines and regulations when using a pistol brace.
Additional Resources
• Pennsylvania Consolidated Statutes, Title 18, Chapter 61, Subchapter D, Section 6106
• ATF Ruling 2015-1
• Pennsylvania Attorney General’s Opinion 2018-01