What States Are Folding Stocks Illegal - [Updated] February 2023 (2024)

FAQs

Is the ATF banning pistol braces 2022? ›

Are Pistol Braces Illegal Now? The ATF clarified that pistol braces themselves are not subject to any sort of ban or regulation, as the agency does not regulate accessories.

The ATF ruling went into effect on January 31st and any weapons with “stabilizing braces” or similar attachments must be registered no later than May 31, 2023. If not, you could be charged with a felony. “If you have one of these guns, you can either destroy your weapon.

ATF Guidance for folding stocks is that "stabilizing braces" are merely accessories and are not relevant to the classification of a 'pistol' under the statutory definition. That is, a folding stock on a rifle or shotgun is included in overall length measurements because the firearm must be 'designed or redesigned-.

Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered no later than May 31, 2023. This rule is effective on January 31, 2023, the date it was published in the Federal Register.

The ATF published the rule on Jan. 31, setting off a 120-day countdown on the impending pistol brace ban. The Biden administration made the decision to regulate the item in 2021 after a gunman used a firearm equipped with the device to kill 10 people.

A: Yes, and you do not have to file any NFA application or submit to the ATF's bureaucracy. It's entirely legal to throw a buttstock on your AR pistol and turn it into a regular rifle if you first install a barrel that's 16″ or longer.

ATF's National Tracing Center is authorized to trace firearms by the Gun Control Act of 1968. ATF's National Tracing Center is only authorized to trace a firearm for a law enforcement agency involved in a bona fide criminal investigation.

ATF has the authority to seize and forfeit firearms, ammunition, explosives, alcohol, tobacco and other assets used in criminal activity under the Department of Justice's Asset Forfeiture authority.

No. The AR-15 platform has been specifically addressed in the final rule and the lower receiver will remain the regulated receiver requiring the appropriate markings.

Folding ARs? Lots of guns have folding stocks, but the AR-15 can't exactly do that since the design's incorporation of a buffer tube and a direct impingement gas system requires a buffer extension inside the stock. The buffer tube and buffer are simply in the way.

Is it legal to put a folding brace on an AR pistol? ›

Braces can also be legally purchased as accessories and added to an existing AR pistol by the owner. Again, there are no extra steps like you'll see with an SBR purchase.

The first concern of purchasing folding stocks is the legality of the accessory, which can be murky because the federal laws on guns do not have any explicit regulations on them. Following this logic, folding stocks are not illegal to own.

In short? Yes. You can now put a pistol brace to your shoulder. Over the years the ATF has gone back and forth over what they want to allow, but AR pistols are allowed to be fired from the shoulder.

On Jan. 13, the Federal Bureau of Alcohol, Tobacco, and Firearms announced a ban on a commonly used firearm accessory called a pistol brace.

The Rulemaking Process

Federal regulations are created through a process known as rulemaking. By law, federal agencies such as ATF must consult the public when creating, modifying, or deleting rules in the Code of Federal Regulations.

Members of ATF special agent ranks are issued the Glock 19M as their primary duty weapon and are trained in the use of, and issued, certain rifles and shotguns. The ATF Special Response Team (SRT) is armed with Colt M4 carbines and other firearms.

The ATF is prevented by law from using computers because it might create a registry of owners which would somehow contravene the Second Amendment which says, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

A red dot optic is essentially anchored to the pistol and emits a reflection. When zeroing a red dot, one is essentially orienting the reflection to be true to point of impact of its host. Once zeroed, if the shooter can see the dot, they are seeing an “aligned” sight picture.

The only way a suppressor would count for overall barrel length would be if you permanently attach it to a given firearm in one of the ways mentioned in the definition above.

To qualify as a pistol, there must be no vertical foregrip. An AR-15 pistol has a barrel shorter than 16 inches — this is the minimum legal length for a rifle barrel.

What size AR-15 is best for home defense? ›

When you consider the three common barrel lengths of AR-15 — 16, 18 and 20 inches — the easy handling and performance of the 16-inch barrel is the reason the carbine length is by far the most popular. For personal defense and as an all-around recreational rifle, the 16-inch barrel rifle is easily the best choice.

To sum it up, just because you purchase a silencer, the ATF or other law enforcement agencies may not enter your home unless accompanied by a warrant signed by a judge and issued with a probable cause. That being said, they may enter if you have given them permission to do so.

Applications in terms of sections 13 and 15 collectively may not exceed four firearms. The licence, which is issued in terms of this section, is valid for 10 years, unless it is cancelled or terminated in terms of the Firearms Control Act, 2000.

Having the local police check the federal database continues to be the most accurate way to look up gun history by serial number to ascertain whether or not a used firearm is lost or stolen. However, many police departments do not offer this service.

FFLs who are dealers or pawnbrokers must report to ATF whenever they sell or transfer two or more such weapons to the same person at one time or during any five consecutive business days. The federal reporting requirements have helped ATF combat gun trafficking.

Reason 1: Firearm Tracing

The first and most common reason we see the ATF attempting to question a person, seemingly at random, is firearm tracing. When you buy a firearm from an FFL and it later leaves your inventory, there may not be a record.

Silencers are exempted from notification when you travel or relocate. For whatever reason, be happy the ATF isn't interested in tracking the movement of your silencer, and enjoy it.

This rule was written with the purpose of banning 80 lower receivers and 80 lower jigs in just 120 days from the publish date.

It is not considered a firearm. You can purchase AR-15 and AR-10 uppers on our website with no background check required. You might also be wondering, “do you need a FFL to buy an AR 15 upper?” The answer is also no. There is also no FFL (Federal Firearms License) required to purchase an AR15 upper online.

Can I still legally purchase/own an 80% lower? Yes, depending on your state and local laws you can still purchase and possess an 80% lower. Individuals prohibited from possessing firearms and ammunition under the gun control act of 1968 may not purchase or possess 80% lowers.

Is a folding stock a good idea? ›

A folding stock can decrease the overall length of the rifle and make it easier to carry. An area where folding stocks shine is on hunting rifles. A folding stock makes it easy to carry in the woods or tuck into a pack to keep the rifle from being exposed to snow or rain.

The NY Safe Act of 2013 bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state's new definition of an assault weapon.

Folding or Pistol Grip Stocks For Semi-Automatic Rifles and Shotguns. Attachment of such a stock to a firearm may result in being charged with manufacture of an Assault Weapon, a California felony.

According to Guns.com, “there is no grandfathering allowed under the rule – even for guns lawfully purchased with braces pre-installed by the manufacturer – owners of such newly-defined SBRs would have to: turn the braced pistol over to Uncle Sam. permanently remove or alter the brace so that it cannot be reattached.

Any gun with a stabilizing brace that does not fit within the ATF's new criteria (which is most of them), will have to be removed from the firearm, or a 16-inch barrel will have to be installed.

January 2022

This rule amends ATF's regulations to account for the existing statutory requirement that applicants for Federal firearms dealer licenses certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals.

While it is legal to add a Stock or a Folding Stock to a pistol, doing so will create a SBR which must be engraved and approved using an ATF Form 1 prior to doing so.

RS: The first question we get asked when someone sees our product the first time is, “Can it fire with the stock folded?” It certainly can. What makes the Modified Cycle System unique is that it's the only drop-in/retrofit folding stock system for the AR-15 that gives you that capability.

Re: OAL with folding stock -folded or unfolded in TX? No restrictions for long guns in Texas.

The new rule gives owners, manufacturers and distributors 120 days to report their stabilizing braces to the ATF tax-free. They may also remove the stabilizing brace or turn in any pistol modified by a stabilizing brace to the ATF.

Does ATF have pistol braces rules? ›

A: The Final Rule was published on Jan. 31, 2023, so owners have 120 days to register them – making the deadline May 31, 2023. The ATF is waiving the $200 tax for pistols and rifles with braces for applications received between Jan. 31 and May 31. If you register after May 31, you will be subject to the $200 tax.