ATF’s “Pro-Gun” Rule Changes? Not So Fast When it Comes to Pistol Braces

The ATF has long been untrustworthy on their stances on pistol braces. This rule change does not change that

The ATF recently rolled out 34 rule changes for Americans. They brought in familiar Second Amendment faces and talked at length about restoring trust and easing burdens. A lot of these rule changes do give  people reason to celebrate, but one particular rule change remains in question.

Before we pop the proverbial champagne, we should read the fine print on ATF’s “dropping” of the Biden-Era Pistol Brace rule.

On April 29th, the Department of Justice and ATF announced a package of 34 regulatory changes. They presented them as a step toward protecting gun owners and reducing regulatory overreach. On the surface, it sounds like a win.

However, when you dig into these details,  some of these changes don’t actually change anything. The biggest one that has little impact is the so-called “pistol brace rule”. The new rule, “Removing Factoring Criteria for Firearms with Attached Stabilizing Braces”, does exactly what it says it removes the language from the old rule.

There is a catch here, however, it does not stop enforcement.  After losing in court and having the brace rule vacated, the DOJ made their position crystal clear. They had no intention of stopping enforcement of NFA regulations on pistol braces.

They argue that even if the rule itself is gone, they can still enforce their interpretation of the law based on the National Firearms Act (NFA). That means they can continue treating certain braced pistols as short-barreled rifles under the NFA.

So What Actually Changed?

Short answer when it comes to pistol braces, not much actually changes. All the rule removes is the regulatory framework by the Biden Administration, but leaves the door wide open for ATF interpretations.

The ATF has long made enforcement of SBR regulations case-by-case. They let the courts try and decide what’s legal after their enforcement. This puts all of the burden on gun owners to prove their innocence, and assumes they are guilty from the outset. This is a dangerous set of circumstances that can set gun owners up in a trap.

No Guidance — By Design

When asked for clarification, ATF reportedly told gun rights groups they will NOT issue guidance on what is legal. They are instead saying we will find out in court on each case what is legal and what isn’t. This highlights the underlying problem of not just the ATF but the NFA in general.

The reality is short-barreled rifles are, by modern standards, common use. They are not extra dangerous, nor do they posses some unique characteristics not found on other rifles. The remedy truly against selective enforcement of NFA regulations on braced pistols, is the complete removal of SBRs form the NFA.

That is what many gun rights groups and we here at 2 If By Sea Tactical have been, and will continue to advocate for. For as long as the NFA regulations are allowed to stand, it will keep the door open for rogue agencies to interpret law however, they want on firearms they deem “extra dangerous”. That leaves us gun owners vulnerable to whims of the moment and not hard fact, law, or constitutional rights.

The ATF has and will continue to use the lack of definitions as a work around for enforcement on whatever they deem necessary in that moment. It is not about stopping crime but penalizing lawful gun owners who are exercising their rights.

While most of the rule changes are positive for us gun owners, there is a few others that sound good on paper, but do little in actuality. Regardless whether these rule changes are all positive or not, they are still subject to changes by the next administration and that one may be less friendly to gun owners.

What Comes Next

Until the underlying regulations on SBRs in the NFA are delt with, either by congress or the courts, we can expect continued confusion around pistol braces. There will continue to be prosecutions based on interpretation. This will lead to more legal challenges and increased pressure from pro-gun groups on the courts to strike down these NFA provisions.

These rule changes were not a full rollback of agency interpterion power. It was a partial reset, while mostly positive it still has some of the same underlying problems. As long as the ATF can still enforce the same interpretation, simply removing the pistol brace rule doesn’t change anything.

Not every “win” is actually a win. There are many true wins inside the regulatory overhaul from the ATF, however the pistol brace one is not a true “win”. One thing here at 2 If By Sea Tactical we will continue to ensure you stay informed and knowledgeable about all things 2A. The means even looking into the positive things and seeing how positive they actually are.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world.  As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.

Stay sharp, stay informed, and stay ready.