Removing Factoring Criteria for Firearms With Attached “Stabilizing Braces”
Key claim: ATF is proposing to remove the 2023 final rule’s regulatory definition of shoulder-fired rifles as applied to stabilizing braces, following widespread court invalidation of that rule under the Administrative Procedure Act.
Abstract
(Proposed Rule · Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau) The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is proposing to amend Department of Justice (“Department”) regulations on firearms with attached stabilizing braces. Courts have found that ATF’s revisions in the 2023 final rule on the same topic violated the Administrative Procedure Act. Several courts have enjoined, stayed, or vacated the final rule, which has rarely been in effect. ATF is therefore proposing to remove from the regulatory definitions of “rifle” the two paragraphs added by the 2023 final rule that defined the term “designed or redesigned, made or remade, and intended to be fired from the shoulder.”
Why this matters
The stabilizing brace rule directly affected disabled and injured shooters who use braces to fire pistols one-handed, and its rescission would restore access to a category of firearms and accessories previously reclassified as NFA-regulated short-barreled rifles. The proposal also illustrates how APA challenges can force agencies to unwind rulemakings, shaping the practical scope of firearms regulation and the due-process posture of owners who otherwise faced retroactive registration or forfeiture obligations.