AR-15 pistols are extremely popular these days because they are compact, powerful and accurate, making them ideal in emergency evacuations or as survival guns. There are important factors and regulations to be aware of before building an AR-15 pistol or modifying it in any way.
Measuring an AR-15 Pistol
AR-15 pistols have the size, weight and maneuverability of short-barreled rifles (SBRs) but are not subject to the federal regulation for SBRs, which are defined in 18 U.S. Code 921(a)(7) as “a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification or otherwise) if such weapon, as modified, has an overall length of less than 26 inches.”
Length of Pull (LOP)
The length of pull (LOP) needs to be kept in mind when building an AR pistol. LOP is measured in a straight line from the face of the trigger to the rear of the brace. The rear of the brace is taken at its most extended position (if adjustable).
Overall Length (OAL)
In addition to length of pull, overall length (OAL) should be measured. OAL is considered from the base of the buffer tube to the muzzle. It can also be from the base of the buffer tube to the end of the muzzle device if permanently attached.
Related: AR-15 Pistol vs Short-Barrel Rifle Comparison
What Is a Pistol Brace
Original Purpose
The pistol brace was originally developed as a way of assisting wounded warriors, particularly those who had lost an arm in combat, in shooting AR-15-style weapons again. The brace had a strap that was wrapped around the forearm of the shooting hand to facilitate one-handed shooting.
A wounded warrior so equipped could shoot more easily from a standing position or a wheelchair. The ATF-approved pistol braces for this specific use.
Evolution of Design
The original braces were not long enough or shaped properly to allow them to be used as “stocks,” except perhaps in emergencies. In fact, SB Tactical, the leading manufacturer of pistol braces, had a page of photos available showing the proper use of its braces when firing the weapon to which they were attached.
What I found odd was that the ATF had permitted “incidental” contact with the stock on the shoulder as a permissible contact, but prolonged or regular use of the brace as a “stock” was in violation of the ATF rule. Once this minimal contact was allowed, manufacturers gradually modified their designs to allow incidental contact to be more comfortable, and suddenly pistol braces began to look like short rifle stocks with a Velcro forearm strap on them.
2019 Rule Changes
The ATF changed the rules in favor of gun owners and manufacturers under the Trump administration in 2019 (also without legislative input) by stating that using the brace as a short buttstock was permissible. Thus, the ATF itself had, perhaps unintentionally, created a new class of firearm: the pistol-braced carbine.
For all intents and purposes, this change eliminated the National Firearm Act’s (NFA) Short-Barreled Rifle category, and an entire industry sprang up seemingly overnight around the new category. The pistol-braced carbine needed no tax stamp and had a shorter barrel than SBRs. Why go through the hassle of purchasing an SBR and spending $200 on the federal tax stamp to register it with the government?
Market Impact
SBRs lost nearly all monetary value. I know of a security firm that had traded in its SBRs and received next to nothing. The market had dried up. Firearms manufacturers added pistol-braced carbines to their lineups and dropped their SBRs.
The Latest ATF Pistol Brace Rules
Rule Changes Overview
Navigating the latest (abrupt) changes in rules regarding pistol braces and the firearms that bear them has been something of a nightmare for owners and manufacturers of pistol-braced handguns. The result has been a lot of consternation accompanied by multitudes of discussions over the internet and at gun shops or shooting ranges.
While the abrupt 180-degree change in direction by the ATF is unlike anything I’ve witnessed from a government regulatory agency before, it was always anticipated as a possibility.
ATF Final Rule 2023R-08F
The policy change for firearms with attached stabilizing braces, titled ATF Final Rule 2023R-08F, is nearly 300 pages. Its length isn’t due to the rule itself changing but to the responses to the submitted comments.
Unfortunately, much of the response is valid. I’m a firm believer in the Second Amendment, but braced pistols were able to function as SBRs without being taxed and cataloged as such. So unless one of the current various lawsuits filed undoes the ruling, we have to move forward with this new reality. Failure to understand these requirements could result in legal problems.
This change occurred abruptly because of the governmental body that has the de facto ability to make rules over firearms. Regulatory changes at any level occur without the benefit of debates and face-to-face input from state legislatures, the Congress or the people. While objections could be made, it is nothing like lobbying your state representative or member of Congress in person.
Current Status and Deadlines
Despite multiple lawsuits filed by various organizations, ATF Final Rule 2023R-08F is in effect. And I urge everyone to err on the side of caution when it comes to pistol or AR builds. The rule applies to any type of firearm that falls under the SBR definition, not just AR-15s.
The final rule went into effect on Jan. 31, 2023. Anyone in possession of the firearms in question had until May 31, 2023, to register them or deal with the ownership of said weapons in any one of the several prescribed methods.
The ATF, in a move that I judge was fair considering the circumstances (2A issues notwithstanding), waived the $200 NFA tax stamp fee for those who registered their pistol-braced firearms prior to May 31, 2023. Registration since that date requires the payment of the $200 fee. Failure to comply one way or another puts you in violation of possessing an unregistered SBR … which is a federal felony.
Technical Specifications
The specifications for arms that fall under the redefined SBR banner were arms with a barrel length of less than 16 inches and OAL of less than 26 inches. If the barrel is 16 inches or greater and the OAL is 26 inches or greater (with stock closed), then the weapon does not fall under the NFA definition of an SBR.
Compliance Options
In addition to registering the arm as an SBR, the other following actions could be taken before the deadline to bring a pistol-braced carbine into compliance:
- Remove brace: permanently remove and dispose of or alter the brace so that it can’t be reattached.
- Extend barrel: add a barrel longer than 16 inches. I would go with 18 or longer instead of a fractional increase in length, but that’s just me.
- Surrender: surrender the arm to the ATF.
- Destroy: destroy the entire arm. Video documentation would be crucial if this was the route taken.
- Disabled veterans: if you are a disabled veteran who owns a pistol-braced NFA firearm, you still must pay the tax fee to register it.
- State bans: if your state has an SBR ban in effect, ATF will not be able to register it as an SBR.
- Buffer tubes: an exposed buffer tube on an AR-15 pistol does not count as a brace since it is a critical operating component of an AR-15.
- Gunsmith work: gunsmiths cannot work on unregistered newly regulated braced SBRs. Once it is brought into compliance, a gunsmith can work on it.
Building an AR-15
Lower Receiver Requirements
Once a lower receiver has been a long gun or rifle, it can’t be converted into a pistol, but it is OK if it’s built from what is identified as “other” on ATF Form 4473 or pistol receivers. Pistol lowers are typically purchased and transferred as either complete guns or complete lowers. Make sure to start with a stripped lower or a pistol lower to ensure you’re compliant with the ATF’s regulations.
Legal Guidelines
Once you have legally constructed an AR-15 pistol, you need to follow further legal guidelines when shooting. These guidelines also apply to someone shooting a factory-purchased AR pistol.
It is also critical to be aware of states or jurisdictions that differ from federal law in definition and application. This means always check before transporting your AR-15 pistol into another jurisdiction.
Current Market Options
Pistol braces are still for sale. Micro Roni, which makes drop-in stock kits for Glock and other pistols, now lists its products as “non-NFA required kits,” with true pistol braces, and “NFA kits,” with full-length stocks.
A tax stamp is required once you add a pistol to the NFA kit. It is apparently up to you to make the right choice and follow through with compliance here since Micro Roni aren’t actually selling you an entire weapon. Other companies may not outline which is which, so proceed with caution if you want to assemble a weapon like this.
Final Considerations
Since the new ATF rule was a change to a preexisting rule, the ATF was within its rights to change the rules at any time for any reason, which is the problem with having rules put in place by bureaucracies rather than having laws passed by deliberative legislative bodies. One can only hope that lawsuits might prevail in this instance and restore the previous conditions … but I wouldn’t count on it.
