# 2026-08930: Courts Tell ATF: Braces Aren't Short-Barrel Shotguns Anymore 2026-08930, Removing Factoring Criteria for Firearms With Attached “Stabilizing Braces”, is a Federal Register proposed rule from Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau published 2026-05-06, effective Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 4, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period.; deemed significant under Executive Order 12866; PRIA reads it as touching household money (as of 2026-11-04). - Canonical: https://policyrisk.com/federal-register/2026-08930 - As of: 2026-11-04 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-08930 - Title: Removing Factoring Criteria for Firearms With Attached “Stabilizing Braces” - Type: Proposed Rule - Agencies: Justice Department; Alcohol, Tobacco, Firearms, and Explosives Bureau - Citation: 91 FR 24453 - Published: 2026-05-06 - Effective: Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 4, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period. - Comments close: 2026-08-04 - Significant: yes (OIRA_API) - Touches household money: yes - Regulation identifier numbers: 1140-AA98 - Last updated: 2026-11-04 ## In one line Courts Tell ATF: Braces Aren't Short-Barrel Shotguns Anymore ## Summary The ATF is rolling back rules about guns with stabilizing braces after courts said the 2023 changes weren’t done right. This means fewer restrictions on these firearms for owners and sellers, at least for now. If you want to share your thoughts, you’ve got until August 4, 2026, to speak up—no fees or fines involved, just your voice! ## Abstract The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to amend Department of Justice ("Department") regulations on firearms with attached stabilizing braces. Courts have found that ATF's revisions in the 2023 final rule on the same topic violated the Administrative Procedure Act. Several courts have enjoined, stayed, or vacated the final rule, which has rarely been in effect. ATF is therefore proposing to remove from the regulatory definitions of "rifle" the two paragraphs added by the 2023 final rule that defined the term "designed or redesigned, made or remade, and intended to be fired from the shoulder." ## Effects PRIA read - ATF to Revert 'Rifle' Definition: benefit, medium. ATF proposes to remove the 2023 rule language that added factoring criteria for firearms with attached stabilizing braces and to restore the pre-2023 regulatory definitions of “rifle” in 27 CFR 478.11 and 479.11. If finalized, the regulatory text would again track the statutory language (the weapon… - Avoided NFA Registration Costs: benefit, medium. ATF estimates that if the rule is finalized, persons who purchase a firearm with an attached stabilizing brace and who therefore would not need to file an NFA Form 4 would avoid about $165 in time and out-of-pocket costs per application (this includes an estimated 3.78 hours of time valued at $26/h… - Potential Public Safety and Uncertainty Risk: cost, low. ATF acknowledges the proposed rescission could create a qualitative disbenefit to public safety by increasing the risk that individuals might attach accessories to circumvent NFA requirements, and it would increase uncertainty for purchasers and manufacturers about whether a firearm configuration f… - Possible Business and Transfer Fee Effects: benefit, low. ATF states small entities (manufacturers and licensees) could see indirect positive effects, including increased revenue from sales of firearms with brace configurations no longer subject to NFA requirements. The proposal also notes that out-of-state transfer fees for GCA transfers (typically $25–$… ## Related documents - [2026-19694](https://policyrisk.com/federal-register/2026-19694): Annual Notices on Explosive Materials Storage Facilities to Local Fire Authority, 2026-09-25 - [2026-19693](https://policyrisk.com/federal-register/2026-19693): Implementing the Safe Explosives Act, 2026-09-25 - [2026-16981](https://policyrisk.com/federal-register/2026-16981): Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportati…, 2026-08-20 - [2026-13586](https://policyrisk.com/federal-register/2026-13586): Registering NFA Firearms That Fall Out of Government Contract, 2026-07-06 - [2026-09154](https://policyrisk.com/federal-register/2026-09154): Joint Registration for Spouses Under the National Firearms Act, 2026-05-08 - [2026-09155](https://policyrisk.com/federal-register/2026-09155): Changes to National Firearms Act Tax Remittance Provisions, 2026-05-08 ## Sources - [2026-08930 on federalregister.gov](https://www.federalregister.gov/documents/2026/05/06/2026-08930/removing-factoring-criteria-for-firearms-with-attached-stabilizing-braces) - [2026-08930 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-05-06/pdf/2026-08930.pdf) ## Related - [Previous: 2026-08929, Firearm Records Retention Periods](https://policyrisk.com/federal-register/2026-08929) - [Next: 2026-08932, Selecting Biological Sex on ATF Forms](https://policyrisk.com/federal-register/2026-08932) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-08930 (as of 2026-11-04).