Gunsmithing What legally constitutes a pistol brace?

[Kraut]

So my question is directed to a .300blk bolt action pistol build.

I did a quick Google search but could not find the legal definition what exactly makes a legal pistol brace.

Can I legaly transform a stock into a pistol brace? By for example adding a strap and take off the the cheek rest? Or does the stock need be sold as a pistol brace?

Specifically I'm talking about the MPA CSR stock I would like to use for that matter.

Thanks in advance

 

[GH41]

Don't the manufactures making braces have to have a letter of approval from the man? I wouldn't do it because I don't like taking chances.

 

[3gunGUY]

"Can I legaly transform a stock into a pistol brace?"

Short answer: No.

"Specifically I'm talking about the MPA CSR stock I would like to use for that matter."

The CSR is a chassis and the stock that comes with it is just that. If you want to use that chassis and stock combo with a > 16" barrel, you'll have to register it as a SBR.

 

[Downtown]

Like GH41 said, the brace manufacturer must submit his design to BATF for approval. No changes to an approved brace may then be made.

 

[3gunGUY]

Don't the manufactures making braces have to have a letter of approval from the man? I wouldn't do it because I don't like taking chances.

There is no federal requirement. However, the determination letter makes any type of prosecution later on very hard for the federal government. It is all about risk management for the manufacturer.

 

[3gunGUY]

See attached.

 

[Kraut]

Thanks, everyone. Guess I end up with a MDT LSS then.

 

[aggiez28]

Like GH41 said, the brace manufacturer must submit his design to BATF for approval. No changes to an approved brace may then be made.

This is not true, there is no approval required and also no restrictions on changing it. manufacturers do it because they know they are working in an area where things are not clearly defined so they want to get the ATFs official determination on an item before they invest in mas producing it.

Can I legaly transform a stock into a pistol brace?

yes you may.

 

[Downtown]

Really? Perhaps so. Only one way to find out with all these gray areas things. Someone needs to take it to court. Really the only way to settle it.

 

[davsco]

yes you may.

i have zero knowledge on this and am curious as well. we all know about 'guys at gun shows,' but i asked a manufacturer's rep at a recent outdoor show and he said having a stock hollowed out at the back was the key to it being legal as a pistol and not needing a nfa stamp. the couple of short barrel pistols he had displayed, their stocks (braces) fully extended were 1-2 inches shorter than 'typical' rifle stocks (ie, ctr or moe) fully extended, so not sure if there are any stock/brace length requirements as well.

 

[Downtown]

Well, to remain a handgun, overall length must be less than 26 inches.

 

[cmoore806]

if its a pistol brace its a pistol brace. if its designed to be shouldered its a stock. If you modify the brace in any way it is no longer a brace and you have a problem on your hands. My recommendation is to quit pussy-footing around and register an SBR

 

[davsco]

Well, to remain a handgun, overall length must be less than 26 inches.

so perhaps that's why the pistols had shorter 'stocks' than the rifles. i guess you can mitigate a longer stock to some degree by having a shorter barrel, but only up to a point.

 

[sgtsmmiii]

Firearms Verification
Gun Control Act Definitions
Pistol
18 U.S.C., § 921(A)(29) and 27 CFR § 478.11

The term “Pistol” means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having:

• a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s);
• and a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore(s).

Can you put a pistol brace on a rifle?
If first built as a rifle it can never be a pistol, but if first built as a pistol it can go back and forth as often as you wish. Although once its an SBR it can never be a pistol. You can put any stock or brace on your SBR. ATF Dec 3, 2016

Summary

• In 2014, the ATF said that shouldering a pistol didn’t make your AR-15 pistol an SBR.
• In 2015, the ATF reversed. They said using a brace as a stock constitutes a “redesign”, making your pistol an SBR.
• In 2019, the ATF gave a ruling that says "incidental" and "sporadic" use of an arm brace as a buttstock isn't illegal.
• You can shoulder a pistol brace, but the ruling is somewhat conditional and not a strict "always yes" or "always no"

Hope this helps some.

 

[Kraut]

Thanks for the summary, very informative.
The only thing I wanted additional Info would be: What makes a brace a brace? Do you know that?

 

[A&8's]

Thanks for the summary, very informative.
The only thing I wanted additional Info would be: What makes a brace a brace? Do you know that?

From what I understand: The ability to aid in the one hand operation of a handgun. Like a strap or other object that goes around the hand, wrist or forearm.

But, I'm not an Attny, either.

 

[cmoore806]

Thanks for the summary, very informative.
The only thing I wanted additional Info would be: What makes a brace a brace? Do you know that?

not to sound like a smart ass here but really this is the answer to your question:

if the ATF says it’s a brace, it’s a brace.

I think that’s the best answer. Truly not being a smart ass. The answer seems dumb because it’s a DUMB situation.

 

[bribassguy]

if the ATF says it’s a brace, it’s a brace.

Ture, right up until they say it's a stock if it touches your shoulder, then say never mind, then say it can touch just a little bit.

There is no clear definition.

 

[cmoore806]

Ture, right up until they say it's a stock if it touches your shoulder, then say never mind, then say it can touch just a little bit.

There is no clear definition.

That’s what I’m saying. Because then they say it’s not a brace anymore. All these regulations are total BS

 

[A&8's]

That’s what I’m saying. Because then they say it’s not a brace anymore. All these regulations are total BS

Just like bump stocks

 

[sgtsmmiii]

From what I understand: The ability to aid in the one hand operation of a handgun. Like a strap or other object that goes around the hand, wrist or forearm.

Very good definition. This would be my take on it, too. Seems to be an excellent definition since the brace is an accuracy / mobility addition to a handgun" ( or pistol such as an AR ).