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Whether you already own an AK or AR 15 pistol or want to purchase one in the future, it can be challenging to ensure your weapon complies with federal laws set by the NFA and ATF. The NFA, or National Firearms Act, is a written code that outlines what weapons are legal and which ones are illegal unless you have the proper tax stamps and approval. In particular, owners of AK and AR 15 pistols should pay attention to the differences between pistol stabilizing braces and rifle buttstocks, as equipping a weapon legally designated as a “pistol” with a buttstock qualifies it as a short-barreled rifle (SBR). Without the proper tax stamp and approval, the ATF can charge you with a felony. The best way to avoid any legal issues is by understanding what a pistol stabilizing brace is and how it differs from a buttstock, which is discussed in more detail below.
*Information is current as of 9/2022. The information here is not legal advice.
What Is a Pistol Brace?
Before we get into what qualifies as a pistol brace, we should discuss the brief history of it. It was originally designed to help disabled people grip a weapon better so that they could fire it one-handed without shouldering the weapon. The first commercial pistol brace was designed by SB Tactical and it allows a shooter to brace a PDW, or personal defense weapon, against their forearm with a strap. The pistol brace attaches to the pistol buffer tube and functions similarly to a buttstock. However, it is not designed to be shouldered like you would a rifle.
This is where the legal definitions come in and the situation gets a little murky. An AK or AR 15 pistol is a weapon that has a barrel shorter than 16 inches and an overall length of less than 26 inches. While these resemble full-size carbines and use similar parts, the primary difference is the pistol stabilizing brace. Even though pistol braces are designed to fire the weapon one-handed, you can still technically shoulder them, although the ATF has gone back and forth on whether this is illegal. The main point is the “intent” of the shooter, so as long as they don’t modify or redesign an approved pistol brace in any way, they should be clear of any wrongdoing.
Some shooters were still unsure, so the ATF tried to clarify what this meant. In a private letter the ATF sent to SB Tactical, they said “incidental, sporadic, or situational ‘use’ of an arm brace (in its original approved configuration)... at or near the shoulder” doesn’t constitute a “redesign” so it isn’t illegal. Essentially, shouldering a weapon with a pistol brace isn’t illegal as long as the shooter didn’t buy the weapon with the intent to shoot it that way.
What Is a Buttstock?
A buttstock is an attachment at the end of a rifle that is made to help you shoulder the weapon so that the recoil transfers to your body, helping you maintain control of your shots. There are a wide variety of buttstocks, and since this is mostly about carbines, the most common models you will find are fixed, folding, and telescoping. They are also available in several materials, including metal, wood, and polymer. This is different from pistol stabilizing braces, which are almost all made of polymer, with some being made from lightweight metal. This is because adding too much weight to a stabilizing brace, such as by using wood or solid metal, can make the weapon too heavy and cumbersome to easily fire one-handed.
Another big difference between buttstocks and pistol braces is that buttstocks have a “comb,” which is the area where a shooter’s cheek rests against the stock. This is why buttstocks are usually shaped like a triangle while pistol braces have more of an “L” shape. The triangular stock gives a lot of surface area for a shooter to put against their cheek when aiming down the sights of their rifle, while the L-shape pistol brace fits neatly into the shooter’s forearm. Additionally, a buttstock doesn’t have a strap attached to it that you can loop over your arm, as it is unnecessary and uncomfortable to do when shouldering the weapon.
How Can You Stay Within the Law?
The best way to avoid issues if you already own an AK or AR 15 pistol is to not modify the brace in any way. Even removing the arm strap, changing the screws, or permanently attaching the brace to the buffer could potentially qualify as intent to shoulder the weapon, so avoid modifying it. If you are unsure, please contact your local or federal law enforcement for clarification on laws and restrictions.
If you are planning to build a carbine pistol or PDW, be careful with what you buy to put on your pistol buffer tube and lower receiver. While many AR 15 parts will work on a pistol platform, only buy a pistol stabilizing brace that is explicitly marketed and approved as a brace. In this case, it’s better to be safe, so don’t buy something that could be confused with a buttstock. Additionally, do not attach a vertical foregrip to your pistol, as this also qualifies it as a short-barreled rifle.
Summary
While the laws are always changing and being newly interpreted, our team at OpticsPlanet is here to help. Whether you are looking for new AR 15 parts or need help picking a new bolt carrier group, upper receiver, or barrel, we have a wide variety of products to help you finish the project. We also have plenty of in-stock ammo in tons of calibers so that you can take your new weapon to the range.
