Despite ATF’s Pistol Brace Ban Being Vacated, the Rogue Agency is Still Trying to Jail People Who Use Them.
Documents filed in an ongoing prosecution for illegal possession of a short-barreled rifle are raising new concerns about ATF’s enforcement policy concerning pistols with attached stabilizing braces. The government’s assertions of authority are truly breathtaking, claiming they can use the terms of an invalid rule to interpret the underlying statute and enforce it against U.S. citizens in felony prosecutions.
We have been reporting on the saga of ATF’s ill-fated 2023 administrative edict, Factoring Criteria for Firearms with Attached “Stabilizing Braces,” ever since the rule was proposed. The final version of that regulation reversed more than a decade of prior statements by ATF that attaching a stabilizing brace to a pistol did not create a short-barreled rifle (SBR) regulated under the National Firearms Act. Instead, ATF would use a series of vague and open-ended criteria to determine if the braced pistol was intended to be fired from the shoulder. But the rule provided no guidance to owners of such pistols how the criteria would be applied. Instead, ATF essentially claimed, “We’ll know an SBR when we see it.”
The pistol brace rule drew numerous legal challenges – including by the NRA – and several different courts found it defective on various grounds. A series of injunctions against its enforcement issued until, on June 13, 2024, a federal judge in Texas vacated the rule altogether. Owners of braced pistols breathed a sigh of relief as the threat of felony prosecution seemingly abated.
Last month, however, we reported on an alarming email to a gun owner sent by ATF’s Firearm Industry Programs Branch. The owner had asked ATF if attaching a stabilizing brace to a CZ Scorpion pistol would turn it into an SBR subject to the NFA. FIPB’s reply stated: “Federal law requires a pistol with an attached stabilizing brace or stock be registered as a short barreled rifle (SBR).”
The FIPB response also acknowledged that enforcement of ATF’s pistol brace rule was enjoined, and asserted, “While the appeal is pending, ATF is complying with the Court’s order.”
Yet ATF’s idea of “compliance,” according to the email, was to assert an even broader authority to treat ALL braced pistols as SBRs (not just ones fulfilling the “factoring criteria” specified in its rule), based on the agency’s reading of the underlying statutes.
After our reporting on that email, ATF quickly issued another statement, walking back the categorical statement about braced pistols. “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.” But the follow-up also continued to assert that ATF remained responsible for enforcing the underlying statutes.
“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,” it stated. It did not, however, elaborate on how the agency would make this determination with respect to braced pistols or how owners of such guns might know whether ATF considers their firearms SBRs subject to the NFA.
Last week, however, NRA was made aware of a pending prosecution for illegal possession of a short-barreled rifle that answers this question in a shocking way. Documents the government filed in that case acknowledge ATF’s enforcement of the underlying statute continues to be informed by the terms of the agency’s illegal rule. The case is U.S. v. Taranto in the U.S. District Court for the District of Columbia.
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