Is AR Pistol Brace Legal?
The AR pistol brace is a popular accessory for firearms enthusiasts, but its legality has been a topic of controversy in recent years. As the debate continues to unfold, it’s essential to understand the current state of the law and the ongoing legal battles surrounding AR pistol braces.
Direct Answer: Is AR Pistol Brake Legal?
The answer to this question is not straightforward. The legality of AR pistol braces depends on various factors, including the type of firearm, the state where you reside, and the specific laws and regulations governing the use of these devices.
History of AR Pistol Braces
AR pistol braces were first introduced in the early 2010s as a means to stabilize and improve the accuracy of pistol-caliber AR-15s. Initially, they were designed as a hip-fire device, allowing users to shoot from the hip while still maintaining control over the firearm. However, over time, the design and purpose of AR pistol braces have evolved, leading to questions about their legality.
Federal Law
According to the National Firearms Act (NFA) of 1934, firearms with shoulder stocks are considered short-barreled rifles (SBRs), which are heavily regulated and subject to specific taxes and permits. The NFA defines an SBR as a firearm with a barrel length of less than 16 inches or an overall length of less than 26 inches, or any rifle that has a folding or collapsible stock.
The "Gun Control Act of 1968"
In 1968, Congress passed the Gun Control Act (GCA), which expanded the definition of firearms under federal law. The GCA defined a pistol as a firearm with a barrel length of less than 16 inches, and a rifle as a firearm with a barrel length of 16 inches or more. This distinction has implications for the legality of AR pistol braces.
AR Pistol Braces as Stocks
In 2014, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a ruling that AR pistol braces were not considered stocks, and therefore, did not render a pistol a rifle under federal law. This ruling allowed manufacturers to market AR pistol braces as free-floating devices, designed to improve the stability and accuracy of pistol-caliber AR-15s.
State Laws and Regulations
While federal law is clear on the definition of firearms, state laws and regulations can vary significantly. Some states, like California, New York, and New Jersey, have implemented stricter regulations on firearms, including AR pistol braces. For example, California’s Roster of Certified Firearms requires AR pistol braces to be approved by the state’s Department of Justice before they can be sold or possessed.
Ongoing Legal Battles
Despite the ATF’s ruling in 2014, some states and advocacy groups have challenged the legality of AR pistol braces. In 2020, a federal lawsuit was filed against the ATF, arguing that the agency’s ruling was unlawful and violated the Second Amendment. The lawsuit, which is ongoing, seeks to revoke the ATF’s ruling and declare AR pistol braces as illegal under federal law.
Conclusion
The legality of AR pistol braces is complex and multifaceted. While federal law defines a pistol as a firearm with a barrel length of less than 16 inches, state laws and regulations can vary significantly. Manufacturers and users of AR pistol braces must navigate this complex legal landscape to ensure compliance with federal and state laws.
Table: Comparison of Federal and State Laws
| Federal Law | State Laws |
|---|---|
| AR pistol braces are not considered stocks under federal law | California, New York, and New Jersey have stricter regulations on firearms, including AR pistol braces |
| Pistols are defined as firearms with a barrel length of less than 16 inches | Some states require AR pistol braces to be approved by the state’s Department of Justice before they can be sold or possessed |
| Rifles are defined as firearms with a barrel length of 16 inches or more | Ongoing legal battles and challenges to the ATF’s ruling |
In Conclusion
The debate surrounding AR pistol braces is far from over. As the legal landscape continues to evolve, it’s essential for manufacturers, users, and lawmakers to understand the complexities of federal and state laws. Until a clear ruling is made, it’s crucial to follow local and federal regulations to ensure compliance and avoid legal consequences.
Recommended Reading
- Federal Register: Bureau of Alcohol, Tobacco, Firearms and Explosives, Notice of Proposed Rulemaking for Firearm Accessories (2014)
- Gun Control Act of 1968
- National Firearms Act (NFA) of 1934
- Federal lawsuit: Firearms Policy Coalition et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al. (2020)
