What This Bill Does
This bill modifies the definition of firearms under the National Firearms Act and federal law. It creates an exception so that pistols equipped with stabilizing braces are not classified as shotguns or rifles. The bill is called the "Pistol Brace Protection Act."
Who It Affects
Pistol owners who use stabilizing braces. The federal government agencies that enforce firearm laws. Individuals and manufacturers of firearms with stabilizing braces.
Key Provisions
• Pistols equipped with a stabilizing brace (a device that attaches to or supports the user's arm and is intended for single-hand operation) are excluded from the definition of "shotgun" (Sec. 2(a)(2)(B)).
• Pistols equipped with a stabilizing brace and intended for single-hand operation are excluded from the definition of "rifle" (Sec. 2(a)(3)(B)).
• The fact that someone documented using a pistol with two hands or firing from the shoulder does not prove they do not intend to fire it with one hand (Sec. 2(a)(2)(B)(ii) and Sec. 2(a)(3)(B)(ii)).
• Pistols equipped with stabilizing braces meeting the same requirements are excluded from the definition of "shotgun" under the National Firearms Act (Sec. 2(b)(2)).
• Pistols equipped with stabilizing braces meeting the same requirements are excluded from the definition of "rifle" under the National Firearms Act (Sec. 2(b)(1)(B)).
What Changes
Pistols with stabilizing braces will no longer be classified as shotguns or rifles under federal law. This changes how these firearms are regulated under the National Firearms Act.
Important Definitions
The bill defines a stabilizing brace as a device that is attachable or provides support to the user's arm and is designed, manufactured and intended to allow operation of a pistol with a single hand.
Effective Date
The amendments take effect on the date this Act becomes law (Sec. 2(c)).
II
118TH CONGRESS
1ST SESSION
S. 361
To amend the National Firearms Act to provide an exception for stabilizing
braces, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. LANKFORD (for himself, Mr. CRUZ, Mr. RISCH, Mr. CRAPO, and Mr. CAS-
SIDY) introduced the following bill; which was read twice and referred to
the Committee on Finance
A BILL
To amend the National Firearms Act to provide an exception
for stabilizing braces, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Pistol Brace Protection
4
Act’’.
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SEC. 2. MODIFICATION OF DEFINITION OF FIREARM.
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(a) FIREARM DEFINITIONS IN TITLE 18, UNITED
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STATES CODE.—Section 921(a) of title 18, United States
8
Code, is amended—
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(1) in paragraph (4)—
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•S 361 IS
(A) in subparagraph (B), by striking
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‘‘(other than a shotgun or a shotgun shell which
2
the Attorney General finds is generally recog-
3
nized as particularly suitable for sporting pur-
4
poses)’’ and inserting the following: ‘‘(other
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than a shotgun, a shotgun shell, or a firearm
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excluded from the definition of the term ‘shot-
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gun’ under paragraph (5))’’; and
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(B) in the flush text following subpara-
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graph (C), by striking ‘‘which the owner intends
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to use solely for sporting, recreational or cul-
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tural purposes’’;
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(2) in paragraph (5)—
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(A) by inserting ‘‘(A)’’ after ‘‘(5)’’; and
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(B) by adding at the end the following:
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‘‘(B)(i) The term ‘shotgun’ shall not include
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any pistol or other firearm that is equipped with a
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device that is designed, manufactured, and intended
18
to allow the operation of a pistol or other firearm
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with a single hand through the use of a brace that—
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‘‘(I) is attachable or provides support to
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the user’s arm; and
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‘‘(II) the user intends to fire with a single
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hand.
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•S 361 IS
‘‘(ii) For purposes of clause (i), documented use
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with 2 hands or firing from the shoulder does not
2
establish that a user does not intend to fire the pis-
3
tol or other firearm with a single hand.’’; and
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(3) in paragraph (7)—
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(A) by inserting ‘‘(A)’’ after ‘‘(7)’’; and
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(B) by adding at the end the following:
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‘‘(B)(i) The term ‘rifle’ shall not include any
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pistol that is equipped with a device that is designed,
9
manufactured, and intended to allow the operation
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of a pistol with a single hand through the use of a
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brace that—
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‘‘(I) is attachable or provides support to
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the user’s arm; and
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‘‘(II) the user intends to fire with a single
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hand.
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‘‘(ii) For purposes of clause (i), documented use
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with 2 hands or firing from the shoulder does not
18
establish that a user does not intend to fire the pis-
19
tol with a single hand.’’.
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(b) NATIONAL FIREARMS ACT.—Section 5845 of the
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Internal Revenue Code of 1986 is amended—
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(1) in subsection (c)—
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(A) by striking ‘‘The term ‘rifle’ means’’
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and inserting the following:
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•S 361 IS
‘‘(1) IN GENERAL.—Subject to paragraph (2),
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the term ‘rifle’ means’’; and
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(B) by adding at the end the following:
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‘‘(2) EXCEPTION.—
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‘‘(A) IN GENERAL.—The term ‘rifle’ shall
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not include any pistol which—
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‘‘(i) is equipped with a device which is
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designed, manufactured, and intended to
8
allow the operation of a pistol with a single
9
hand through the use of a brace that—
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‘‘(I) is attachable, or
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‘‘(II) provides support to the
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user’s arm, and
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‘‘(ii) the user intends to fire with a
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single hand.
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‘‘(B) EXCLUSION.—For purposes of clause
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(ii) of subparagraph (A), any documented use
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of a pistol described in such subparagraph with
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2 hands or firing from the shoulder shall not
19
establish that a user does not intend to fire
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such pistol with a single hand.’’;
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(2) in subsection (d)—
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(A) by striking ‘‘The term ‘shotgun’
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means’’ and inserting the following:
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•S 361 IS
‘‘(1) IN GENERAL.—Subject to paragraph (2),
1
the term ‘shotgun’ means’’; and
2
(B) by adding at the end the following:
3
‘‘(2) EXCEPTION.—
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‘‘(A) IN
GENERAL.—The term ‘shotgun’
5
shall not include any pistol or other weapon
6
which—
7
‘‘(i) is equipped with a device which is
8
designed, manufactured, and intended to
9
allow the operation of a pistol with a single
10
hand through the use of a brace that—
11
‘‘(I) is attachable, or
12
‘‘(II) provides support to the
13
user’s arm, and
14
‘‘(ii) the user intends to fire with a
15
single hand.
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‘‘(B) EXCLUSION.—For purposes of clause
17
(ii) of subparagraph (A), any documented use
18
of a pistol or other weapon described in such
19
subparagraph with 2 hands or firing from the
20
shoulder shall not establish that a user does not
21
intend to fire such pistol or other weapon with
22
a single hand.’’;
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(3) in subsection (e)—
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•S 361 IS
(A) by striking ‘‘a pistol or revolver having
1
a barrel with a smooth bore designed or rede-
2
signed to fire a fixed shotgun shell,’’; and
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(B) by striking ‘‘having a rifled bore, or ri-
4
fled bores’’; and
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(4) in subsection (f), by striking ‘‘except a shot-
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gun or shotgun shell which the Secretary finds is
7
generally recognized as particularly suitable for
8
sporting purposes’’ and inserting ‘‘other than a shot-
9
gun, a shotgun shell, or a firearm excluded from the
10
definition of the term ‘shotgun’ under subsection
11
(d)’’.
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(c) EFFECTIVE DATE.—The amendments made by
13
this section shall take effect on the date of enactment of
14
this Act.
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Æ
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