On Dec. 23 ATF officially withdrew request for comments on pistol stabilizing braces becoming NFA items. The solicitation for input was published in the Federal Register on Dec. 18, as reported previously.
Were the agency to include them on its official list, tens of thousands of law-abiding owners would be forced to decide whether to keep the pistol brace by going through a lengthy administrative process with additional background checks to purchase the tax stamp, or turn them in. Destruction of the brace , with documentation that would stand legal review, would be another option. Failure to do one of the three would constitute a felony if pistol stabilizing braces were declared NFA (National Firearms Act) items.
The notice explains, “Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document. The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement.”