Just wanted to mention this since it's something that affected my possible purchase of something today. For those that haven't kept up with the BATFE's antics in the last year or two, there's now an official worksheet (ATF Form 4999) that they will be using to score any handgun equipped with a brace to determine (in their view) if it's technically a pistol or a short-barreled rifle under the law (again, as they interpret it).
The worksheet has three sections....
Section 1 contains two criteria that the firearm must meet to continue down on to Section 2. If the firearm doesn't meet BOTH of these requirements it is not considered "suitable" for the use/installation of a brace (whatever that means) and there's no need to continue further into the other two sections.
The first requirement has to do with the overall weight of the firearm with an empty magazine attached. The requirement here is that it has to weight at least 64 ounces.
The second requirement has to due with overall length. The requirement here is that the firearm cannot be more than 26-inches in length in it's most extended or unfolded configuration.
Section 2 has to do with Accessory Characteristics with "Accessory" referring to the stabilizer brace itself.
Parameters include: Accessory Design, Rear Surface Area, Adjustability, and Stabilizing Support. Different design elements will warrant "points", and if the total points amassed in this section is four or more the firearm will be deemed a short-barrel rifle.
In this section, if the points total 0-3 the firearm may still qualify to be classified as a pistol. If it gets 4 or more points it will be considered a short-barreled rifle.
Section 3 has to do with Configuration of Weapon and again uses a points system.
Parameters include: Maximum Length of Pull, Brace Attachment Method, Brace Modifications/Configuration, and Peripheral Accessories.
For this section you are permitted up to four (0-4) points before it will lose pistol status and be considered a short-barreled rifle (5 or more points).
If the firearm accumulates more points in any section that is greater than the specified limit it will be deemed a short-barrel rifle requiring a NFA tax stamp.
So in my case today I was looking at the fairly new Tippmann Arms M4-22 Micro Elite Bug Out pistol with 7" barrel. This pistol features a folding and adjustable/collapsing pistol brace of the "cuff-type" design, flip-up BUIS, and has a maximum LOP of 12.6" when the brace is fully extended and locked in the last detent.
Based on the manufacturers specifications for this firearm it meets both requirements in Section 1 (67 ounces and 25.25" overall length)
Moving to Section 2, as configured this rifle accumulates 4 points which would mean the ATF would consider it a SBR based on these new rules. The points accumulated would be as follows:
Minimum rear surface lacking features to discourage shouldering (1 pt.)
Adjustable or telescoping attachment design for shouldering (2 pts.)
""Cuff-type design that partially wraps around the arm (1 pt.)
Total - 4 pts. = FAIL
Moving to Section 3 it would fail again "as configured" from the factory and be considered an SBR based on the new rules. Points accumulated would be as follows:
Max length of pull with adjustment in most rearward locking position = 12.6" (3 pts.)
Inclusion of a folding adapter extending length of pull (2 pts.)
****basically anything other than a bare pistol buffer tube will earn you points on this one****
Presence of rifle-type back-up / flip-up sights OR no sights (1 pt.)
Total - 6 pts. = FAIL
Couple things to note here...
1. The back-up/flip-up iron sites or having no sites earns you a point which is ridiculous if you ask me. Basically, based on this worksheet there are only two sight options for a braced pistol that won't get you points. The first is a stand alone red-dot or holographic sight (having a magnifier mounted behind it will earn you 2-pts.). The second option is a true pistol scope with sufficient eye-relieve to allow you to see through it with your arm fully extended in a one-handed shooting position.
2. There are NO definitions or explanations included with the worksheet or available anywhere that I can find in ATF docs. that gives any definition or explanation of the different terms or features being used on this worksheet which makes it extremely vague and open to interpretation by the individual agent. Not good!
3. As of right now I can't say for certain whether or not these rules are in effect and being enforced. According to the ATF website these rule changes were signed by the US. Attorney General on Sept. 21, 2021 after the comment period had closed on them (June or July 2021 IIRC). The FFL I visited today had never seen this new worksheet and was totally unaware of it, and also noted he hadn't received anything from the ATF in it's regard as of yet.
So why am I mentioning this? Because just like this Tippmann Arms pistol I was looking at buying today, the VAST MAJORITY of braced pistols currently being sold by non-SOT dealers will FAIL this worksheet standard and thus legally be considered as SBR's by the AFT. I'm guessing a great many people here likely already have such pistols, and once this goes into effect being in possession of one that fails just one of the three sections will make you a felon for being in possession of an unregistered NFA controlled firearm.
This creates problems for all involved. The manufacturers could be in trouble for making NFA controlled firearms without a Type 3 SOT. The manufacturers, even if they have the SOT, could also be in big trouble for shipping NFA controlled items to Type 01 and 02 dealers. The dealers could in turn be in trouble for having NFA controlled items in their inventory without the proper licensing, as well as for transferring NFA controlled items on a 4473 background check rather than a Form 4 (which they couldn't do anyway being a Type 01 or 02 dealer). And last but not least the purchaser would be in big trouble for being in possession of a NFA regulated item without a tax stamp.
It almost seems to be an evil plot to bring down the whole of the firearms industry and every gun dealer and a large number of gun owners in the country, but I would agree the ATF simply isn't creative or intelligent to come up with what would be such an effective master plan. I could be wrong though!
So if you own a braced pistol I highly suggest you closely examine the Form 4999 (link at top of post) and grade each and every one of your braced firearms to make sure it will be in compliance. While it's improbable the ATF would ever go door-to-door wanting to inspect your firearms for compliance due to lack of manpower and the 4th Amendment, would it really be worth the extremely stiff penalties and fines you would endure as well as losing your right to own firearms ever again because you'd be a felon?
There's also speculation from lawyer types in the 2A community that the ATF will likely enforce this the same way they're planning to enforce unregistered receivers by placing the onus on the FFL's. I.e. if you take your braced pistol into a gunsmith to have it repaired the ATF will require them to do a worksheet on it and if it fails any of the sections they will be required to report that person and firearm to the ATF. I really can't see any other viable way they could try to enforce it.
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