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Due to the BATFE final ruling on arm stabilizing braces being published to the Federal Registry, the following is being implemented to ensure compliance with all Federal laws and regulations:
Effective 01-31-2023.
1. It is illegal to make a firearm with an arm stabilizing brace, unless the maker has BATFE approval to make a SBR/SBS (Form 1 $200 tax stamp).
2. It is illegal to transfer a firearm with an arm stabilizing brace, unless the transferee has BATFE approval to transfer a SBR/SBS (Form 4 $200 tax stamp).
3. BATFE will not approve a Form 1 or Form 4 to a CA resident, unless that CA resident has a valid CA DOJ Dangerous Weapons Permit.
4. An unattached arm stabilizing brace with a firearm that can utilize it is still considered a NFA firearm.
5. An unattached arm stabilizing brace by itself can still be legally possessed by a person that does not own/possess a firearm that can utilize the arm stabilizing brace and they can still legally transfer it without BATFE approval to another person that does not own/possess a firearm that can utilize the arm stabilizing brace.
Therefore...
Any Marketplace ad for a firearm with arm stabilizing brace will be removed/deleted, due to the firearm now being considered a NFA item.
Also note that the ruling applies to any accessory, attachment, or part that is not required for the firearm to function and creates any type of rearward extension on the firearm. Handguns that require a buffer tube for it to operate are now being limited to buffer tubes that do not have any type of adjustment notches and are 6.5" or less in length.
Legal options, that must be done by 05-31-2023, for CA residents that currently possess a firearm with an arm stabilizing brace:
A. Obtain a CA DOJ Dangerous Weapons Permit for SBR and BATFE approval (Form 1) for a SBR.
B. Remove the arm stabilizing brace and destroy it.
C. Remove the arm stabilizing brace and permanently modify it so that it can no longer attach to a firearm.
D. Destroy the firearm with arm stabilizing brace per BATFE specifications.
E. Surrender the firearm with arm stabilizing brace to a local BATFE office.
F. Make the firearm into a CA legal rifle or CA legal firearm that is not a pistol, rifle, or shotgun.
Starting 06-01-2023, possession of a firearm with an arm stabilizing brace (attached or unattached) that is not BATFE approved is a Federal felony (10 years in Federal prison + $10,000 fine). [26 USC 5861(d) and 5871]
*EDIT*
Due to all of the lawsuits regarding arm stabilizing braces...
Currently, all of the Court ordered stays are on enforcement only, which allows the affected party to retain possession while the cases are being decided.
Also note that these Court actions only applies to the application of Federal laws/regulations and does apply to State laws/regulations.
^Per FPC/CGRF and CRPA/NRA, even with all the recent Court actions, arm stabilizing braces are only CA legal on BATFE approved Title 2 firearms. This is due to CA DOJ BOF still considering them to be a type of shoulder stock and BATFE approved Title 2 firearms being exempt from CA SBR/SBS laws.
Effective 01-31-2023.
1. It is illegal to make a firearm with an arm stabilizing brace, unless the maker has BATFE approval to make a SBR/SBS (Form 1 $200 tax stamp).
2. It is illegal to transfer a firearm with an arm stabilizing brace, unless the transferee has BATFE approval to transfer a SBR/SBS (Form 4 $200 tax stamp).
3. BATFE will not approve a Form 1 or Form 4 to a CA resident, unless that CA resident has a valid CA DOJ Dangerous Weapons Permit.
4. An unattached arm stabilizing brace with a firearm that can utilize it is still considered a NFA firearm.
5. An unattached arm stabilizing brace by itself can still be legally possessed by a person that does not own/possess a firearm that can utilize the arm stabilizing brace and they can still legally transfer it without BATFE approval to another person that does not own/possess a firearm that can utilize the arm stabilizing brace.
Therefore...
Any Marketplace ad for a firearm with arm stabilizing brace will be removed/deleted, due to the firearm now being considered a NFA item.
Also note that the ruling applies to any accessory, attachment, or part that is not required for the firearm to function and creates any type of rearward extension on the firearm. Handguns that require a buffer tube for it to operate are now being limited to buffer tubes that do not have any type of adjustment notches and are 6.5" or less in length.
Legal options, that must be done by 05-31-2023, for CA residents that currently possess a firearm with an arm stabilizing brace:
A. Obtain a CA DOJ Dangerous Weapons Permit for SBR and BATFE approval (Form 1) for a SBR.
B. Remove the arm stabilizing brace and destroy it.
C. Remove the arm stabilizing brace and permanently modify it so that it can no longer attach to a firearm.
D. Destroy the firearm with arm stabilizing brace per BATFE specifications.
E. Surrender the firearm with arm stabilizing brace to a local BATFE office.
F. Make the firearm into a CA legal rifle or CA legal firearm that is not a pistol, rifle, or shotgun.
Starting 06-01-2023, possession of a firearm with an arm stabilizing brace (attached or unattached) that is not BATFE approved is a Federal felony (10 years in Federal prison + $10,000 fine). [26 USC 5861(d) and 5871]
*EDIT*
Due to all of the lawsuits regarding arm stabilizing braces...
Currently, all of the Court ordered stays are on enforcement only, which allows the affected party to retain possession while the cases are being decided.
Also note that these Court actions only applies to the application of Federal laws/regulations and does apply to State laws/regulations.
^Per FPC/CGRF and CRPA/NRA, even with all the recent Court actions, arm stabilizing braces are only CA legal on BATFE approved Title 2 firearms. This is due to CA DOJ BOF still considering them to be a type of shoulder stock and BATFE approved Title 2 firearms being exempt from CA SBR/SBS laws.
