On January 31, 2022, the ATF published a Notice in the Federal Register regarding its plans to finalize the proposed rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace that it had first published on June 10, 2021. The ATF also noted its plans to finalize the proposed rule regarding the Definition of “Frame or Receiver” and Identification of Firearms that it had first published on May 21, 2021.
The Factoring Criteria for Firearms with an Attached Stabilizing Brace rule would reclassify numerous pistols with stabilizing braces as short-barreled rifles (“SBRs”), which are regulated pursuant to the National Firearms Act (“NFA”). The ATF has apparently decided not to make any substantive revisions to the initial version of the rule it proposed in June 2021 in response to the comments it received. The proposed rule would change the existing definition of a “rifle” to include provisions stating that the term “rifle includes any weapon with a rifled barrel and equipped with an attached stabilizing brace that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder, as indicated on ATF Worksheet 4999.”
Worksheet 4999 is a points-based worksheet listing numerous features that, when taken in combination, will result in a finding that a firearm with an attached stabilizing device will be considered a rifle under the new definition. The worksheet applies only to firearms that have an overall length between 12″ and 26″, and weigh at least 64 ounces (4 lbs.). If the firearm has a barrel of less than 16″, and receives four or more points based on this worksheet, it would be considered an SBR and regulated pursuant to the NFA, which requires registration and payment of a $200 transfer tax. Based on the factors identified on Worksheet 4999, many of the AR-15 type pistols with stabilizing braces currently being sold will be classified as SBRs in the configuration in which they are currently manufactured and sold. In addition, the factors on the worksheet are based on the current configuration of a firearm with a stabilizing brace, not necessarily the condition in which it was manufactured and sold. As written, if an owner were to install a “Sight/Scope with Eye Relief Incompatible with one-handed fire” on a firearm that as originally manufactured and sold was classified as a pistol with a stabilizing brace, it would be considered manufacturing an SBR and require prior registration with the ATF and payment of the $200 tax. Similarly, installing accessories that increased the total weight of a pistol with a stabilizing brace to more than 120 ounces (7.5 lbs.) would also automatically result in it being considered an SBR. The final version of the rule, which will list its effective date, is expected to be published in the Federal Register in August 2022.
The rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace provides that anyone in possession of a pistol with a stabilizing brace that will now be classified as an SBR must take one of five actions before the effective date. Those options are to: (1) remove the stabilizing brace; (2) replace the barrel with one that is at least 16″ long; (3) destroy the firearm; (4) surrender the firearm to the ATF; or (5) register the firearm pursuant to the NFA. Federally licensed firearms manufacturers who are already registered as special occupational taxpayers (“SOTs”) could simply submit a Form 2 to register firearms in their possession that are now classified as SBRs. Any federally licensed firearms manufacturers who are not SOTs should reconfigure any pistols with stabilizing braces in their possession before August 2022, when the final rule is expected to be published.
Publication of the final version of the rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace will have a significant effect on all federal firearms licensees. The rule published on Monday states that it “will have an annual effect on the economy of $100 million or more.”
Renzulli Law Firm will be closely monitoring developments with the ATF’s proposed rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace. If you have any questions regarding the actions you need to take to ensure that you comply with this rule and avoid the substantial criminal penalties associated with violations of the NFA, please contact John F. Renzulli or Christopher Renzulli.
