Despite initially welcoming the introduction of pistol arm braces, it has come to our attention that ATF is now attempting to restrict some of the most popular arm brace configurations by creating
non-public standards that are not based in statute or regulation. For example, in determining whether an item is an arm brace or stock, ATF has, through private letters, created an inexhaustive list of what
it considers “objective design features.” With no basis in law, one of the “indicators” chosen to make these determinations is “length of pull,” which is the distance from the rear of the stabilizing brace to
the trigger. Unbeknownst to the general public, ATF has ordained in private determination letters that it considers “any firearm with a ‘length of pull’ over 13-1/2 inches to be designed to be fired from the
shoulder,” thereby making it a short-barreled rifle. However, ATF has also privately proclaimed that even firearms under this length of pull can be classified as a short-barreled rifle, if ATF identifies other
(and often unspecified) applicable “indicators.” It is not clear what authority ATF has to establish these hidden standards.
Even more troubling are reports that these non-public standards are being used to criminally prosecute unsuspecting gun owners. Given ATF’s refusal to explain these standards, it is impossible for the
public to comply with ATF’s ever-changing body of secret law. Some unwitting manufacturers, who supposedly failed to comply with these hidden standards, have already been forced by ATF to recall
thousands of firearms for destruction from innocent customers. Other companies are currently being threatened by ATF to halt sales and recall existing products or face criminal and civil penalties. To
criminally charge an individual or threaten a company based on one ATF employee’s opinion of whether an arm brace shares enough unpublished “design features” with a shoulder stock is an
appalling abuse of power and shows a blatant disregard for due process.
We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans, despite it being functionally no different from the more than ten arm brace
designs already approved by ATF. Were ATF allowed to proceed with issuing this determination letter or others, close to one million law abiding Americans could be made felons overnight.