As I discussed in a prior article, on January 13, 2023, the United States Attorney General signed ATF final rule 2021R-08F which essentially holds that every pistol brace when attached to a firearm creates a short barreled rifle (SBR) which must be registered under the National Firearms Act (NFA).
On January 31, the final Stabilizing Brace rule was published in the Federal Register.
"This rule is effective on January 31, 2023, the date it was published in the Federal Register. Any weapons with 'stabilizing braces' or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the 'stabilizing brace' such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed."
As mentioned above, there will be a 120-day grace period for registering the pistol-brace- equipped SBR and the $200 tax stamp will be waived.
However, the reason for today’s update is to warn everyone about what you can and cannot do with a pistol-brace-equipped pistol, i.e. an SBR as of January 31, 2023. Even though there is a grace period for registration, that does not mean that there is a grace period for other actions regulated by the NFA.
1. You cannot take it across state lines without prior approval from the ATF.
Transporting NFA items across state lines requires one to complete and have approved a Form 5320.20 Application to Transport Interstate or to Temporarily Export Certain NFA Firearms. You will not get this approval if you haven’t already registered the firearm.
2. You cannot sell it without prior approval from the ATF.
Selling an NFA item requires a Form 4 Application for Tax Paid Transfer and Registration of Firearm. This form must be approved prior to the transfer.
3. You cannot make a new one without prior approval from the ATF.
Manufacturing an NFA firearm requires a Form 1 Application to Make and Register a Firearm. Pistol-brace-equipped firearms assembled (manufactured) after January 31, 2023 would not be eligible for the grace period. You cannot assemble one without prior approval from the ATF.
There is one more caveat. One of the solutions suggested on the ATF website is to add a 16” barrel, therefore not making the firearm subject to the NFA. Although that is fine for federal law, you must keep in mind that for something to be a pistol in Michigan, it must be under 26”.
If you attach a 16” barrel to your AR-15 pistol, it will almost certainly be over 26” and you will not be able to transport it loaded in your car with your concealed pistol license.
Already, several lawsuits have been filed challenging this rule. However, unless the rule is overturned, you should be careful not to commit an unintentional violation of the NFA.
Charles E. Cottrell
Attorney at Law
2025 E. Beltline SE, Suite 402
Grand Rapids, MI 49546
616-560-3843
