In January 2015, just in time for that year's SHOT Show, the BATF issued an open letter from the acting director of BATF that prohibited shouldering of pistols with "support braces" affixed. The letter put the kabosh on a very rapidly and increasingly popular type of firearms – pistols with braces. Gun owners quickly began shouldering the support braces. The net result? People had started building themselves their own short-barrelled rifle without going through the lengthy, costly and generally pain in the posterior of the NFA process.
Some popular configurations included the AR-15 "pistols", and my favorite, the CZ Scorpion, pictured above. Of course, interest in this new firearm format cooled dramatically after the January 2015 letter.
The BATF, with the election of Donald Trump, suggested the time had come to revisit the decision in a White Paper circulated privately on Inauguration Day.
That reversal in policy took place last month (click to read the BATF letter), but it comes with a big caveat.
First the great news:
To the extent the January 2015 Open Letter implied or has been construed to hold that incidental, sporadic, or situational "use" of an arm-brace (in its original approved configuration) equipped firearm from a firing position at or near the shoulder was sufficient to constitute "redesign," such interpretations are incorrect and not consistent with ATF's interpretation of the statute or the manner in which it has historically been enforced.
The caution involves "redesigning" an approved design to make it more shoulder-use friendly.
If, however, the shooter/possessor takes affirmative steps to configure the device for use as a shoulder-stock for example, configuring the brace so as to permanently affix it to the end o fa buffer tube, (thereby creating a length that has no other purpose than to facilitate its use as a stock), removing the arm-strap, or otherwise undermining its ability to be used as a brace – and then in fact shoots the firearm from the shoulder using the accessory as a shoulder stock, that person has objectively "redesigned" the firearm for purposes ofthe NFA. This conclusion is not based upon the mere fact that the firearm was fired from the shoulder at some point. Therefore, an NFA firearm has not necessarily been made when the device is not re-configured for use as a shoulder stock – even if the attached firearm happens to be fired from the shoulder.
So long as you don't modify BATF "support brace" devices in any way, then you're legal to "incidentally" or "sporatically" fire the gun from the shoulder. However, if you remove parts – even the strap – or replace parts, you're eligible to get yourself hammered for an National Firearms Act violation.
So don't affix it permanently, or do any "home re-design" which would get you in trouble with BATF and you should be fine.
And many thanks to The Truth About Guns for breaking this story earlier today.
Here's what I did yesterday…
Sighted in the Scorpion, which was already pretty much on from when I got it. And also my "SB-15" – I'm pleased to say was pretty much spot on. Here's my six-shot group at 25 meters. I was going to shoot a 10-shot group, but decided to quit while I was ahead. Short barrels really can shoot well.
Maybe I should adjust up one click on my Vortex SPARC II, and left one? Nah. I'll leave well enough alone.
is this for ALL ar pistol braces? i have a shockwave blade. i would really like to see it in writing
KAK has been all over social media saying that this applies to their Shockwave blade as well. I have not seen a letter yet – doesn't mean it's not there, I just have not looked, as my pistol build is still in the planning stages, so I haven't gotten around to deciding which brace to get yet.