Help us STOP ATF’s unconstitutional and dangerous attack on lawful firearms stabilizing braces!

WHO: U.S. Department of Justice and its Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”)

WHAT: ATF proposed rule 2021R-08, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’”

DEADLINE: Comments will be open for 90 days, comments are due 09/08/2021 at 11:59 pm EDT.

SUMMARY: ATF’s new proposed rule is an attempt to rewrite the law in an arbitrary and exceptionally aggressive manner. In short, ATF proposes to re-define the word “rifle” by essentially appending “oh, and braced pistols too, sometimes” to the definition.

This rule would create a “points system,” where if a firearm gets more than 4 points in two separate sections, the firearm is automatically considered an SBR. The criteria include arbitrary and vague factors such as whether the brace “incorporates shoulder stock design feature(s)."

The factors are written in such a way that simple, everyday changes in a firearm, including simply removing a sight or changing the magazine, can add points to the total. Rather than clarifying the law, the ATF’s attempt at administrative lawmaking seeks to make owning braced firearms a felonious minefield.

The agency’s goal is clearly to push many firearms that utilize stabilizing braces into the National Firearms Act (NFA), requiring a $200 tax stamp and registration. FPC believes that the NFA is an unconstitutional infringement of the People’s rights and that the ATF should be abolished. Any law or regulation enforcing the NFA is unconstitutional and immoral.

You can watch FPC's Matt Larosiere sit down and explains the ins and outs of the Proposed Rule below:



1) ACT: Submit a comment to ATF here:

  • REMEMBER: The more unique comments and different arguments the ATF receives, the more they will have to read and respond to (this is good)!
    • Read all instructions on the docket carefully, ATF is looking for reasons to exclude your comments. FPC will post requirements when they are made public. All submissions received should include the agency name and docket number (ATF 2021R-08) for this notice of proposed rulemaking. Requirements can be viewed in section VII. Public Participation.
    • According to the ATF: "All comments should reference this document's docket number ATF 2021R-08, be legible, and include the commenter's complete first and last name and full mailing address. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing excessive profanity."
  • Important Instructions: This proposed rule is a separate action from the Notice on the Objective Factors for Classifying Weapons with “Stabilizing Braces” published on December 18, 2020 and withdrawn on December 31, 2020. No comments received under the withdrawn notice were considered for this proposed rule, and no comments received pursuant to that notice will be considered as part of this proposed rule. Commenters will need to submit new comments in connection with this proposed rule.
    • In plain English, the above means if you commented against ATF brace bans in December of 2020, your comments will not be considered. You will need to submit again.

2) RECRUIT: Ask 5 of your pro-2A family members and friends to join you in the fight by submitting a comment.

3) AMPLIFY: Ask pro-2A media and influencers to help you fight ATF by sharing with their communities and followers to spread the word and get others to take action.