SAN ANTONIO — If you have a "stabilizing brace" that could also be used as a stock, the ATF says it must be registered under the National Firearm's Act in roughly 120 days. An ATF publication states, "Violations of the NFA are punishable by up to 10 years in prison and a fine of up to $10,000. 26 U.S.C. 5871."
The change is, at best, a huge pain for law abiding gun owners and and worst could put a gun owner on the wrong side of the law without any action, or knowledge, on their part.
Mike Mihalski, who owns the federally licensed gun manufacturer Suns of Liberty Gunworks told KENS 5 people need to know before it puts them in a bad situation.
"If you were to take this gun, that you own legally, put it in your gun safe, and never touch it again, then in 120 days you would become a felon," Mihalski said.
The ATF states the following new guidelines on it's website. KENS 5 will unpack the statement afterwards.
"Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed," the website states.
The "stabilizing brace" prototype was introduced on November 8, 2012, by a Federal Firearms License holder for use with an AR15-type pistol according to the ATF. The device could be placed around the forearm to stabilize a gun and the ATF states "The submitter described the “brace” device as designed to assist people with disabilities or limited strength or mobility with firing heavy pistols safely and comfortably, as these weapons can be 'difficult to control with the one-handed precision stance.'”
However, some of these braces could also function as a stock when combined with an AR15 platform.
Under current law, an AR15 platform that has a barrel under 16 inches is designated as a "pistol". However, if a stock is added to that platform, it becomes a "Short Barreled Rifle (SBR)" according to National Firearms Act of 1934. A "Short Barreled Rifle (SBR)" must be registered with the ATF under current law.
ATF final rule 2021R-08F makes multiple changes to the definition of a "rifle" so that the "stabilizing brace" would be treated the same as a stock if it could function as a stock.
This leaves the user with the options to either remove the brace, so the gun is again classified as a "pistol," add a barrel to the gun that is at least 16 inches in length so that the gun becomes a rifle, or dispose of the weapon entirely.
Unfortunately, Mihalski said, there are around 40 million "stabilizing brace" products that have been sold since the item became popular around 2015 and the AR configuration using the brace has been a large percentage of his sales.
"This configuration is one of the most common sold in San Antonio, in Texas, and across the country," Mihalski said.
Mihalski also said he suspected lawmakers in congress to review and push back against the ruling as well as lawsuits filed against the ATF.
"We fully expect that this is going to be challenged or ruled upon when it comes under congressional review. Once you apply some level of constitutional scrutiny we don't think it is going to stand," Mihalski said.