Short Barrel Rifles (SBR) under the NFA

The primary difference between a Short-Barreled Rifle (SBR) and a pistol, particularly in the context of firearms regulations in the United States, lies in their design and legal classification.

Short-Barreled Rifle (SBR)

• Definition: An SBR is a rifle with a barrel length of less than 16 inches or an overall length of less than 26 inches.
• SBRs typically have a stock, which allows them to be shouldered like a traditional rifle.
• Because SBRs fall under the National Firearms Act (NFA), they are subject to more stringent regulations. The regulations include registering the firearm with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), undergoing a background check, and paying a $200 tax stamp.

How to Measure an SBR

• To determine whether a rifle is considered an SBR, measure from its stock to the end of its muzzle to calculate overall length. If the barrel has a muzzle device that isn't permanently installed (pinned and welded), remove the device before measuring.
• If the rifle's stock is adjustable, measure the overall length with the stock at its full extension.

Pistol

• Definition: A pistol is a firearm designed to be held and fired with one hand.
• In recent years, some pistols have been designed with features like stabilizing braces, which resemble a stock but are intended to be strapped to the forearm for stabilization. Importantly, in many cases, the stabilizing brace does not convert the firearm into an SBR as long as they are not intended to be shouldered.
• Pistols are not subject to the same NFA regulations as SBRs. They are classified under the Gun Control Act (GCA) and can be purchased more easily without the need for additional ATF paperwork or tax stamps.

Mock v. Garland, 75 F.4th 563 (5th Cir. 2023)

• In Mock v. Garland, the Fifth Circuit Court of Appeals addressed the issue of whether the ATF's rule reclassifying firearms with stabilizing braces as SBRs under the NFA was unlawful.
• The Garland Court looked to the history of the stabilizing brace. In 2012, a federal firearms licensee ("FFL") submitted a "stabilizing brace" for review to the ATF, and asked whether the stabilizing brace, when attached to a pistol, transformed the pistol into a rifle and thus, an SBR. As the Court notes, the stabilizing brace was intended to attach to the firearm and would permit a disabled and/or weaker person to fire pistols more easily.
• In 2021, the ATF issued a Proposed Rule, namely, the "Factoring Criteria for Firearms with Attached 'Stabilizing Braces'", 86 FR 30826-01, which indicated that the agency would use a point system to classify a firearm with a stabilizing brace as either a braced pistol or a rifle. The ATF drew criticism from the Proposed Rule, and ultimately published the Final Rule. The Final Rule scrapped the points-based approach of the Proposed Rule, and, instead, instituted a six-factor balancing test considering the overall characteristics of the firearm and its brace. The test was intended to examine factors such as the brace's design, function, and how the firearm is intended to be fired.
• The Final Rule went into effect on January 31, 2023, but the ATF allowed a grace period of four months to give owners of weapons newly considered "SBRs" multiple options to comply with the ATFs new requirements before criminal penalties would take effect.
• The Plaintiffs in Mock sued for injunctive relief and challenged the constitutionality of the ATFs regulations. The district court denied injunctive relief.
• The Fifth Circuit Court of Appeals held that the ATF's rule likely exceeded its statutory authority under the NFA.