MICHIGAN COALITION FOR

RESPONSIBLE GUN OWNERS

"Promoting safe use and ownership of firearms

through education, litigation, and legislation."

MONDAY E'NEWS

Important Update Regarding the

BATF’s Regulations on Pistol Braces

On Friday, January 13th (a fitting day perhaps), the BATF published on its website the release of the final rule on “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” which can be found HERE.

The gist of the rule is that essentially every pistol brace when attached to a firearm creates a short barreled rifle (SBR) which must be registered under the National Firearms Act (NFA).

The rule doesn’t take effect until it is officially published in the Federal Register. But I have seen one article mention that it may be published today. However, today is a federal holiday which typically would mean that it would not be published until the following day.

There will be a 120-day grace period for registering the pistol brace SBR and the $200 tax stamp will be waived. However, the firearm may only be registered in an individual’s name to get the $200 waiver. If someone wants to register the pistol to a trust, it must have been owned by the trust prior to the official publication of the rule and proof of the transfer will need to be submitted. See Question 12 of the Frequently Asked Questions.

There may be a small window, perhaps closing as early as this morning, January 16, 2023, to assign your pistol brace-equipped firearms to your NFA trust in order to get the items registered to the trust without paying a fee. I would suggest that you sign a notarized “assignment to trust” of the item(s) that you are transferring to you trust. If you cannot get to a notary in time, most of them will be off today, perhaps a signed and dated assignment with a witness or two may suffice. If the transfer is not done in time, you can still register the item as an individual and then later transfer it to a trust at which point it will cost $200.

If you do not already have an NFA trust, you may wish to get one ASAP. The main advantages of an NFA trust are expanding the number of people who can be authorized to use and possess the items and a more streamlined transfer of ownership upon the original owner’s death. For more details, see this recent article.

Charles E. Cottrell

Attorney at Law

2025 E. Beltline SE, Suite 402

Grand Rapids, MI 49546

616-560-3843

[email protected]

UPCOMING EVENTS

Outdoorama

Thursday through Sunday, February 23-26, 2023

Suburban Collection Showplace; 46100 Grand River Avenue; Novi, MI

Open to the public, tickets at door, MCRGO Booth Number 5467

Ultimate Sports Show

Thursday through Sunday, March 9-12, 2023

DeVos Place; 303 Monroe Ave. NW; Grand Rapids, MI

Open to the public, tickets at door, MCRGO Booth Number 2067

Michigan Legislative Second Amendment Caucus Picnic

Saturday, June 24, 2023 from 11 AM to 1 PM [Note: New Date]

Northland Sportsmen's Club; 1592 Old Alba Road, Gaylord, MI

Open to MCRGO members, no RSVP is necessary.