New ATF Rule Change Would Make Some County Gun Owners Felons

Some law-abiding gun owners in Fayette County could become felons next month.

A ruling by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will make it illegal to attach stabilizing braces to certain firearms with barrels under 16 inches, including many guns based on the popular AR-15 platform. The rule goes into effect on June 1.

The Record found numerous examples of these soon-to-be-illegal firearms that were given away in fundraiser raffles as recently as last year. Many locals have legally purchased these guns since they became popular in the last decade.

“There are probably thousands of them here in Fayette County,” said Sgt. Ron Nau- mann of the Fayette County Sheriff’s Office.

The people who own these guns could face felony charges with punishment of 10 years in prison and fines up to $250,000 unless they register them the ATF by May 31 and obtain a $200 tax stamp.

On January 31, the ATF published the Final Rule for Stabilizing Braces, which goes into effect on June 1. The 300-page rule essentially reclassifies a pistol with a stabilizing brace as a short barreled rifle (SBR). SBRs are tightly controlled under the National Firearms Act (NFA). The law classifies both pistols and SBRs as firearms with barrels shorter than 16 inches, but pistols may not have a stock or other “rearward attachment” that allows the gun to be fired from the shoulder. Owners of SBRs must register them with the ATF, and that requires a $200 tax stamp.

Stabilizing braces began to appear in the market about 10 years ago. Initially, they were designed to help disabled people shoot AR-style pistols. They were especially popular with disabled veterans in the sport shooting community. Other shooters began to use the braces like a traditional rifle stock, firing with them from the shoulder. For more than 10 years, until Jan. 31, the ATF advised citizens that AR-style pistols with a stabilizing brace were legal without any registration or tax requirement.

In 2012, the ATF first reviewed the new stabilizing braces. The ATF concluded that the brace did “not convert that weapon to be fired from the shoulder and would not alter the classification of a pistol or other firearm.” At the time, the ATF said such firearms would not be subject to restrictions in the National Firearms Act, including the registration requirement and $200 tax stamp. But that all changed with the Jan. 31 ruling this year.

“We’re not going to go around and collect them, because that goes against the Second Amendment,” Naumann said.

Likewise, Naumann said the Sheriff’s Office will not assist the ATF in any seizures from citizens who own firearms affected by the ruling. However, Naumann said the Sheriff’s Office may use the new ruling to file additional charges on criminals who use these guns in a crime.

“When it goes into effect, we’ll come up with a policy,” Naumann said. “Our intention is that If it’s used in some other crime – if you get a DWI, assault your family member or any other criminal activity – it will be visited. Let’s say you rob a store and use one of these weapons, we’ll file on you for robbery and possession of an illegal firearm.”

Naumann offered the following advice to people who own guns affected by the ruling.

“Take the brace off of them,” he said. “I’ve actually re-barreled two of mine. I put 16 inch barrels on them. If you put a longer barrel on it, and you make it to where the barrel is 16 inches and the overall legnth is at least 26 inches, then you’re OK under the law.”

Naumann pointed to recent court cases that overturned an ATF ruling on bump stocks. He said something similar could happen with the brace ruling.

“People are saying, ‘Don’t forfeit them to the government,’” Naumann added. “If you don’t want to register them, take them apart and let all of this blow over. Or if you really like these guns, register them and pay $200.”

For those who decide to dismantle their guns, Naumann advised storing the brace separately from the upper receiver and barrel.

“That way, they’re not related,” he said.