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Old January 16, 2023, 10:37 AM   #141
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,992
Quote:
Anything that attaches to the rear of the rifle providing surface area that can be used to fire the gun from the shoulder appears to be included.
That's obviously not correct.

That's a factor that is considered, but that doesn't mean anything on the back of the rifle that provides surface area that can be used to fire the gun from the shoulder is automatically a disqualifying feature. The rule makes it very clear that the authors expected that stabilizing braces (real braces that actually serve the purpose of a brace and don't have features that are specific to stocks and serve no purpose for a stabilizing brace) will remain legal without NFA paperwork.

Even the FAQ you linked says it explicitly.

"If the firearm with the “stabilizing brace” is not an SBR, it need not be registered and, consistent with the federal firearm laws, may continue to be possessed and used by persons with or without a disability."


Obviously any "stabilizing brace" will attach to the rear of the rifle and provide surface area that can be used to fire the gun from the shoulder and yet the FAQ states clearly that some firearms with stabilizing braces will not need to be registered.

Here are some excerpts from the rule document.
https://www.atf.gov/rules-and-regula...espdf/download

"Nothing in this rule bans “stabilizing braces” or the use of “stabilizing braces” on pistols; however, firearms with an attached “brace” device may be subject to statutory and regulatory requirements depending on the firearm’s objective design features and other factors, as discussed in this rule. Furthermore, this rule does not impose any new legal obligations on owners of “stabilizing braces” at all, as any obligations for these owners result only from the NFA and the GCA."
(Clearly some stabilizing braces will not affect a firearm's NFA status.)

"Accordingly, the Department amends the definition of “rifle” under 27 CFR 478.11 and 479.11 to expressly state that the term “designed or redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the amended regulations and described in this preamble, indicate that the weapon is designed, made, and intended to be fired from the shoulder. The other factors are: " (Clearly a rearward attachment providing surface area that allows the weapon to be fired from the shoulder is only one factor.)
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