Final Rule 2021R-08F

Final Rule 2021R-08F Frequently Asked Questions and SBA Compliance Guide 
 

Purpose of the Final Rule

What is the effect of the Factoring Criteria for Firearms with Attached “Stabilizing Braces” final rule?

Affected Firearms

Does ATF have a list of specific “braces” that qualify in making a pistol into a short-barreled rifle (SBR)?

How do I get a determination if my “brace” device makes a pistol a short-barreled rifle (SBR)?

Compliance Options

What are the compliance options for an individual (non-licensee) in possession of a firearm equipped with a “stabilizing brace,” which is a short-barreled rifle (SBR), after the effective date of the final rule?

What are the compliance options for a federal firearms licensee (FFL) non-Special Occupational Tax (SOT) in possession of a firearm equipped with a “stabilizing brace,” which is a short-barreled rifle (SBR), after the effective date of the final rule?

What are the compliance options for a federal firearms licensee (FFL)/Special Occupational Tax (SOT) holder in possession of firearms equipped with a “stabilizing brace,” which is a short-barreled rifle (SBR), after the effective date of the final rule?

What are the compliance options for government entities in possession of firearms equipped with a “stabilizing brace,” which is a short-barreled rifle (SBR), after the effective date of the final rule?

Registration and Other Compliance Options

As a federal firearms licensee (FFL), a pistol with a stabilizing brace arrived at my licensed premises after January 31st when the final rule took effect. What options do I now have to comply with the final rule?

I am a pawnbroker and I have in pawned inventory a customer’s pistol with a stabilizing brace. What do I do?

As a deployed member of the military, what options do I have to comply with this final rule?

I possess a pistol, which was imported and then subsequently equipped with a stabilizing brace. Does 18 U.S.C. § 922(r) apply to my firearm?

Once the firearm is registered as a short-barreled rifle (SBR) can I remove/change the “stabilizing brace” or attach an item marketed as a stock? If so, am I required to notify ATF in advance?

If I no longer want a short-barreled rifle (SBR) and I remove the “brace,” do I need to contact the NFA to un-register my SBR with an attached “stabilizing brace”?

Can I register my firearm with a “stabilizing brace” to my trust?

Is there a limit of how many firearms with a “stabilizing brace” that I can register as short-barreled rifles (SBRs) for free during the tax forbearance period?

If my short-barreled rifle (SBR) is made after the date of publication of the final rule, can I still register it as an SBR for free during the tax forbearance period?

If I attached my “stabilizing brace” on a rifle with a 16” barrel, will the firearm fall within the purview of the National Firearms Act (NFA)?

"Stabilizing Brace" Devices

Can I legally sell my “stabilizing brace” to someone who may be interested in making a short-barreled rifle (SBR)? Even after the tax forbearance period terminates?

Is the “stabilizing brace,” by itself, an item that requires registration under the National Firearms Act (NFA)?

Can I remove the “stabilizing brace” and attach it to another firearm?

If I have a disability and need a “stabilizing brace” to operate the firearm (as it was originally designed and intended), do I need to register it?

Transfer or Sales

After publication of the final rule, can a federal firearms licensee sell a firearm and a “stabilizing brace” in one transaction?

What are my options if I want to sell my “registered” firearm as a short-barreled rifle (SBR) with or without the brace?

Recordkeeping and Reporting

After exercising one of the corrective options of this final rule, how does an FFL make proper record in their acquisition and disposition record?

Who completes the Annual Firearm Manufacture Export Report (AFMER) when a firearm is changed from a pistol to a short-barreled rifle (SBR) per the Final Rule?

Possession of SBRs With an Attached “Stabilizing Brace” After Tax Forbearance Ends

After the 120-day tax forbearance expires, will all unregistered firearms with an attached “stabilizing brace” that are short-barreled rifles (SBRs) be considered contraband?

Can I possess a pistol and unattached “stabilizing brace”?

What are the consequences if I choose not to register my firearm with a “stabilizing brace,” which is a short-barreled rifle (SBR), and keep it?

Prior to and after the expiration of the 120-day tax forbearance, can I continue to possess my short-barreled rifle (SBR) equipped with a “stabilizing brace” if I have timely submitted my application to register my firearm?

Markings

Once the firearm is registered, am I required to mark the firearm since I manufactured a short-barreled rifle (SBR)?

State Law

If the State I reside in prohibits the ownership/possession of a short-barreled rifle (SBR), can I still register my firearm as an SBR?

Miscellaneous

Can a short-barreled shotgun be registered during the 120-day tax forbearance period?