Late last year a member of Gun Owner's of America asked the ATF if he could put a brace on a Scorpion. This is like asking a shark if it's okay to swim. If you have questions, don't contact the ATF. Anyway, in the responding letter, ATF stated that any firearm that can be shouldered and is under 16 inches is an SBR and the rule will be enforced under NFA. They did not make a distinction between stocks or pistol braces. GOA is asking for clarification because ATF's letter is in direct violation of multiple court injunctions.

Letter

I would have waited for clarification until the new administration appointed a more informed ATF director.

Lots of idiots have guns.

I don't think it was last year. The final ruling was late 2023 I believe. This has gone back and forth just like bump stocks did. I believe Trump changed policy on these (bump stocks).

Just from reading the response, I believe the ATF person was mistakenly thinking a Scorpion is a rifle. Just my best guess though.

No, the GOA idiot wrote the inquiry letter in November of 2024 and the ATF response came later. That is why it is a big deal because it shows that the ATF is ignoring court rulings.

Here is the GOA response letter dated 01-09-2025.

GOA Letter to ATF

You mean to tell me the ATF does not have people working there that are knowledgeable in firearms?

Say it ain't so!

Clerks typically answer emails at government agencies. Same as TP&W as we’ve seen on here before. Sending an email for a legal question wasn’t probably the best idea to begin with.

Yet ATF hasn't responded to GOA to clarify their answer. So at this point any pistol that can be shouldered whether using a brace, stock, tennis ball or buffer tube is now considered an SBR. I wouldn't count on the "clerk made a mistake" gambit until ATF clarifies the letter.

An email doesn't set a legal ruling. "At this point" Federal District Judge Reed O'Connor has done that.

I didn't get an email from the ATF.

I understand what Judge O'Connor has done. I too have extensive law enforcement experience and have a working knowledge of laws, courts and federal agencies. In the letter, ATF clearly states that the rulings won't stop it from enforcing the NFA and thus any "rifle" with a barrel length under 16 inches and can be shouldered is to be considered an SBR. They completely dropped the brace requirement and just made everything an SBR. With this interpretation they completely circumvented the various injunctions that have been enacted against the pistol brace rule. Hopefully Trump will do the right thing next week and crush the ATF and its little minions like he promised. And you're right, this may just be a mistake on the part of the person who wrote ATF's response, but until they clarify their position (which at this time they have not) it's all up in the air.

I reached out to a source and the only relevant part is “ On November 8, 2023, the United States District Court for the Northern District of Texas found the Final Rule, “Factoring Criteria for Firearms With Attached ‘Stabilizing Braces,’” likely violated the Administrative Procedure Act, and issued an order “[s]tay[ing] the Rule in its entirety,” temporarily preventing further action in reliance on the Final Rule nationwide. The United States has appealed this decision. While the appeal is pending, ATF is complying with the Court’s order.”

The email is allegedly from FIPB is unsigned and isn’t on agency letterhead. It’s contents are not published in the Federal Register or on the ATF’s website

Don’t hold your breath waiting for a response to the email.

So I’ve been out of the loop on this for a while and confused now.

Let’s say I know a guy that bought a 10.5” 6.5 Grendel AR pistol and a folding pistol brace for it to carry as a bug out gun a few years back. He never registered anything as a SBR or registered the brace. Is he legal?

As best I understand...

He's legal, according to the courts. He's not legal according to the ATF.

Who makes law? Not the ATF, not the FBI, not the DEA, not the EPA, not the IRS. But, they all think they make law.

Yes. "On November 8, 2023, the United States District Court for the Northern District of Texas found the Final Rule, “Factoring Criteria for Firearms With Attached ‘Stabilizing Braces,’” likely violated the Administrative Procedure Act, and issued an order “[s]tay[ing] the Rule in its entirety,” temporarily preventing further action in reliance on the Final Rule nationwide. The United States has appealed this decision. While the appeal is pending, ATF is complying with the Court’s order."

Sweet! Thanks for the info fellas.

Well, Im glad this is over now! at least i think it is. Bottom line the demos are planning something next?

Think the ammo registration is next?