Buckeye Reporter

Last week, the NRA-ILA reported that an unnamed ATF official advised a gun owner via the agency's official email that all pistols equipped with stabilizing braces are considered short-barreled rifles (SBRs). This statement suggested a more aggressive stance than the ATF's 2023 rule on "Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’" which is currently under multiple court injunctions. However, the ATF has since retracted those comments, leaving its position on braced pistols and the National Firearms Act (NFA) unclear.

The update came in an email dated January 13, 2025, from Matthew Shear, chief of the Firearms Industry Programs Branch (FIPB). Shear stated: “ATF agrees that the statement ‘Federal law requires a pistol with an attached stabilizing brace or stock be registered as a short barreled rifle (SBR)’ is overbroad.” Despite this acknowledgment, Shear reiterated that the ATF remains responsible for enforcing NFA provisions related to SBRs. He wrote: “A firearm designed and intended to be fired from the shoulder that meets the statutory definition of a short-barreled rifle contained in the NFA must be made and transferred in accordance with the requirements of the NFA.” However, he did not clarify how this determination applies to braced pistols or how owners might know if their firearms are considered SBRs under NFA regulations.

The ATF at least recognized that not all braced pistols equate legally to SBRs. Furthermore, with President Donald J. Trump now in office, there may be changes regarding Second Amendment policies compared to his predecessor Joe Biden. Trump's support for gun rights could influence ATF's approach towards gun owners and industry regulations.

This issue continues to develop and further updates are expected.