On January 13, 2023, ATF Final Rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,'” was submitted to the Federal Register, amending ATF regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. The Final Ruling is to be published in the Federal Register on January 31.
ATF Final Rule 2021R-08F
Final Rule Summary
The Final Rule makes clear when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16″, they must comply with the laws that regulate those rifles, including those of the NFA. The amended definition of “rifle” shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., “stabilizing brace) that provides surface area that allows the weapon to be fired from the shoulder or indicates that the weapon is designed, made, and intended to be fired from the shoulder.
To comply with new regulations, manufacturers, dealers, and individuals must either:
- Register tax-free any existing NFA short-barreled rifles (SBRs) covered by the rule via Form 1
- Remove the stabilizing brace to return the firearm to a pistol
- Attach a 16″ or longer rifled barrel to the firearm
- Turn in to ATF or destroy the firearm
Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Proposed Worksheet 4999
The rule also does not adopt Worksheet 4999 as previously proposed. The rule does, however, adopt several of the objective design features that indicate a firearm is designed, made, and intended to be fired from the shoulder and incorporates those features into the definition of “rifle.” These objective features include weight, length of pull, use of optics, existence of a rearward attachment, and manufacturer marketing and information.
ATF Final Rule 2021R-08F will be published in the Federal Register on January 31, 2023. The rule allows for a 120-day period, ending May 31, 2023, for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule.
New Orchid Webinar
Every FFL and tens of millions of gun owners will be impacted by the latest ATF Final Rule. But rather than attempt to read the entire 300-page ruling yourself, trust the experts to do it for you!
Join us on February 2nd for a free webinar on ATF Final Rule 2021R-08F. Orchid’s team of FFL and compliance professionals will review the Final Rule in detail, including the amended definition of “rifle,” objective design features that indicate a rifle, effectivity date and options for affected persons, and the ruling’s impact on manufacturers, dealers and individuals.
- Andrew Graham, Orchid Chief Firearms & Explosives Officer and former ATF Executive
- Philip Milks, Orchid VP of Regulatory Services and FFL Law Attorney
- Jon Rydberg, Orchid CEO
Register today to save your spot for one of the most important webinars of the year.