Pistol Braces: What Are They?
Pistol braces are equipment attached to firearms to provide additional support while aiming and firing. Their primary function is to help the user stabilize the weapon for more accurate shooting. While stock is also used for this purpose, they are different in how they connect to your firearm and where they are placed. Stocks must be permanently attached to a firearm, while pistol braces can be removed.
Pistol braces were an attempt to solve the issue of effectively aiming and controlling smaller firearms while maintaining mobility. A firearm is legally classified as a pistol if it has a rifled barrel, the capacity to be fired with one hand, and the overall length is less than 26 inches. This last feature , in particular, can reduce the accuracy and control of pistols significantly. Pistol braces had been mainly used by disabled individuals and those who are on the go but might still need to use a firearm.
The first such device was developed to help a wounded veteran that lost his ability to properly hold his weapon. This led to the development of a pistol brace to help him fire his weapon more easily. Due to the popularity, early pistol braces were quickly adopted for use on small firearms such as barrel shotgun pistols and short-barreled rifles. Their use expanded after the stabilization brace was invented to help stabilize and control recoil.
Federal Regulations Surrounding Pistol Braces
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has long ruled that the use of a brace does not make an otherwise lawful firearm illegal. This is consistent with the provisions outlined in The NFA Handbook, more specifically page 67 of 77 (Section III.9 – INTEGRAL COMPONENTS). At no point does the ATF state that a firearm modified or designed with a pistol brace becomes illegal. However, with a misreading of various interim guidance issued over the years, gun owners and manufacturers have been subjected to confusion and a bit of a rollercoaster ride.
In 2015, the ATF issued an interim "guidance" stating the opposite: "Open Letter on the Redesign of "Stabilizing Braces." The ATF stated that a firearm originally manufactured as a pistol and modified with a brace, or a shotgun with a brace made for firing from the shoulder, is still considered a "firearm" for the purposes of all Federal firearms statutes, regulation, and NFA classifications simply because the device is attached." Shortly thereafter, the ATF reversed its position indicating that the use of a brace on a shotgun or rifle did not, by itself, make the shotgun or rifle subject to regulation under The NFA.
This back-and-forth has resulted in some gun owners and manufacturers being forced to reclassify their firearms and registered them as Short Barreled Rifles or Short Barreled Shotguns. The ATF has also issued an "Amnesty" Program and at least one carve-out provision addressing those who were forced to reclassify.
More recently, the ATF issued a letter in 2020 that somewhat sums up the ATF’s final decision on braces. The ATF states the following: "ATF recognizes that pistol-grip stabilization devices do not change the classification of a weapon to the extent that the intrinsic nature of the weapon is altered. Thus, in light of the overall design of the firearm and its common use in the configurations described in this letter, ATF concludes that the use of a pistol-grip stabilization device, such as the SB Tactical marks Bipod Brace and similar products, does not change the classification of the attached weapon as a firearm as defined in the GCA and the NFA."
Although ATF’s guidance only establishes the agency’s position, and does not create or modify law, it is clear gun owners and manufacturers now have the legal backing they need to modify or manufacture firearms with braces without having to worry about the illegality of possession or usage.
Pistol Braces Under Arizona Law
Arizona gun laws are generally reflective of the permissive attitudes that the public has toward gun ownership. While certain measures are in place, the state is not known for heavy regulation. In fact, Arizona doesn’t even require a concealed carry permit for handgun owners.
Under Article II, Section 26 of the Arizona Constitution, the right of the people to bear arms is further solidified under Arizona Revised Statutes 13-3102, which essentially mirrors the Second Amendment.
With regard to pistol braces, Arizona gun laws do not contain any laws or provisions that specifically mention pistol braces. Pistol braces are therefore not defined as a firearm organization or as an accessory to a firearm, since they are not referenced in the Arizona Revised Statutes.
Because Arizona’s gun laws are generally very broad and don’t necessarily specify the types of guns or firearms accessories that are affected by the laws, a pistol brace is typically treated just like any other attachment, accessory, or rifle or handgun.
The broader language of the Arizona Revised Statutes means that as long as something is not specifically mentioned as something that cannot be possessed or carried, then the presumption is made that it is permitted in the state.
Again, it is important to understand that the only firearm-related items that are illegal in the state are fully automatic firearms and sawed off shotguns. So since pistol braces do not fall into either one of those categories, they are considered to be completely legal in the state of Arizona.
Suppose you happen to be traveling through the state and your destination is another state with harsher restrictions on firearms. In that case, be careful about the way you transport your pistol brace, as the manner of transportation is subject to the laws of the states that you pass through.
Current Situations and Legal Controversies
Arizona has recently seen a number of legal cases and challenges surrounding the use and ownership of pistol braces. For instance, in 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published an opinion that redefined the legal status of pistol braces, classifying them as "short-barreled rifles" (SBRs) under the National Firearms Act (NFA). This was a significant shift that left many prospective owners confused and unsure about the legal status of their pistol braces in Arizona.
Arizona gun advocates were quick to push back against the new federal definition. The Gun Owners of America, a national gun rights organization, filed a lawsuit against the ATF in Arizona federal court in 2021, challenging the constitutionality of the ATF’s reclassification . Though the outcome of this case is still pending, this move has been lauded by gun rights advocates as a strong stand for Second Amendment rights.
However, these recent challenges have led to growing confusion. There are rumors of various local law enforcement agencies across Arizona further expanding these restrictions, despite their lack of legal grounding. In addition, the ATF’s stance has led to a wave of self-censorship amongst online retailers and social media platforms, who have opted to remove all posts or features related to pistol braces to avoid potential federal scrutiny.
It is important to note that the status and legality of pistol braces in Arizona can change rapidly. Thus, anyone looking to own a pistol brace should keep themselves informed on the most recent laws and cases. Legal action and challenges like this make it even more critical.
What Does This Mean for Arizona Gun Owners?
With these federal legal updates comes some practical insights for gun owners. It is important that Arizonians understand these laws and any requirements that they may have going forward. Regarding tax stamps, for example, this means that a gun owner who has a pistol with a brace on it must file ATF Form 1 online and pay a $200 tax stamp to the ATF, assuming that the owner wants to use the pistol with the brace. Failure to register a brace that is used on a pistol could mean an unlawful "transfer" of the firearm. In either case, the tax stamp must be obtained within 180 days of taking possession of the firearm.
For other situations, such as losing the firearm or having the firearm stolen, these laws also indicate that there is nothing that the gun owner can do about it. Not only does it not stop the requirement to register the firearm with the ATF, but this provision also does not change what the gun owner must do if the firearm is not found after losing it or if it is stolen from his possession. Albeit at a relatively low level, it does carry with it potential risks regarding criminal liability, particularly where it may put the firearm owner on notice of the law’s requirements.
It is worth mentioning that an individual who purchases a firearm and completes a background check is not exempt from the registration requirement if he decides to attach a pistol brace to the weapon after purchasing it. Failure to register a firearm that is equipped with a brace is still considered possession of an unregistered firearm under 18 U.S.C. § 5861(e). This section states that "[a]ny person who knowingly acquires or possesses a firearm, as defined in section 5845(a), in contravention of the provisions of this chapter shall be fined under this title 10 or imprisoned not more than ten years, or both." 18 U.S.C. § 5871 further outlines that: "[a]ny person who commits an offense against this chapter shall be fined under this title, or imprisoned not more than ten years, or both." Obviously, a firearm owner should understand all his responsibilities under the National Firearms Act (NFA) and be prepared to comply with it. More than just these potential penalties, however, can apply for failure to comply with the NFA.
Simply put, any gun owner in Arizona who has a pistol with a brace on it or who plans to purchase one in the future should be familiar with NFA regulations, including the tax stamp requirements and possible criminal liability that can apply to non-compliance. The criminal penalties are serious enough on their own to warrant careful compliance, but the fact that a pistol brace can now, arguably, change the classification of the firearm with which it is used raises the stakes considerably.
Future Predictions and Expert Analysis
In the wake of the disputed APA rule and other recent legal setbacks, some gun rights advocates expect that a full repeal will happen. "We’ve seen a lot of movement from the court on the challenges to the ATF ruling," says Joseph back. "I think that there’s going to be a complete reverse of the ATF rule, maybe making it clear that a brace is not a firearm after all."
Another possibility is the rule being stuck in legal limbo while advocates fight over its legality. "What I think will happen is that there may be a new ATF appointment or new regulation that takes the rule off the table but doesn’t make it any clearer whether or not an AR pistol with a brace is a rifle or not," Losavio explains. "So it might effectively just be stuck there pending a subsequent challenge . "
Such challenges could have an impact within state-level arrests for suddenly illegal modifications. "They would be treated as otherwise permissible, as if they never happened or as if it’s lawful to do so," Losavio says, explaining that it falls under similar treatment to challenges amending Arizona’s aggravated assault and Arias.
But in the meantime, the most likely outcome to be expected from Arizona courts is a half-measure. "Even if the ATF loses the ATF lawsuit," says Joseph, "it’ll be back under another administration."
Until then, gun owners in Arizona are likely to remain in the dark about whether their pistol braces are legal. "At this point, there’s no such thing as certainty," Losavio states. "Even with the prior rule, there was no certainty. Now, there’s even less certainty."