Understanding the ATF Pistol Brace Rule: 2025 Update for FFLs

Because these factors require a holistic assessment of design, usage, and marketing intent, the rule left significant ambiguity for gun owners and dealers. Firearms meeting these criteria became classified as short-barreled rifles under the NFA, subject to mandatory registration, tax stamps, and pre-transfer approval. Pistol brace owners were given a 120-day window in 2023 to register their firearms under the rule before enforcement was set to begin.

2024–2025 Legal Update: Supreme Court and Circuit Court Rulings

Mock v. Garland and Summary Judgment

In June 2024, a federal district court in Texas ruled in Mock v. Garland that the ATF’s rule was unlawful. The court found that the ATF violated the Administrative Procedure Act by issuing a rule that was arbitrary and vague. The lawsuit was supported by the Firearms Policy Coalition, which has been instrumental in challenging federal overreach and defending the rights of lawful gun owners.

This meant the entire rule was vacated. The ATF could no longer enforce it. The court ruled that law-abiding citizens and federal firearms licensees had no clear way of knowing what was legal or illegal under the rule.

Eighth Circuit Nationwide Injunction

Just a few months later, in August 2024, the Eighth Circuit Court of Appeals issued a nationwide injunction in a separate case filed by the Firearms Regulatory Accountability Coalition. The court agreed that the rule’s criteria were unclear and found that the ATF had overreached by reclassifying braced pistols as short-barreled rifles. The court also noted that the agency failed to consider the economic impact on lawful gun owners and FFLs.

Connection to Supreme Court’s Cargill Ruling

These lower court decisions followed a major Supreme Court decision in 2024. In Garland v. Cargill, the Court ruled that the ATF could not rewrite the law when it attempted to ban bump stocks by reclassifying them as machine guns. This case strengthened the argument that agencies like the ATF cannot change definitions of firearms without an act of Congress.

Courts reviewing the ATF’s pistol brace rule cited the Cargill decision to support their rulings. Judges in the Fifth and Eighth Circuits made clear that the ATF’s actions violated the limits of executive authority and posed risks to Second Amendment rights.

Current Federal Status in 2025

As of September 2025:

• The Department of Justice formally dropped its appeal in Mock v. Bondi (the renamed successor to Mock v. Garland), effectively terminating enforcement of the rule nationwide
• Pistol braces remain legal to own, sell, and use
• Braced pistols are not classified as short-barreled rifles

In February 2025, the Trump Administration issued an executive order directing the Attorney General to evaluate all federal firearm regulations for potential Second Amendment conflicts. The Courts have already found the rule to be arbitrary and capricious, and government filings indicate a shift away from defending the regulation.

What Federal Firearms Licensees Should Know

Business Impacts

Now that the ATF rule is vacated and all ATF has dropped their appeal of the court’s ruling, many FFLs can sell pistols with stabilizing braces without going through the NFA process. For these FFLs, no ATF Form 1 is required, and the $200 tax does not need to be paid. These FFLs can treat these items as standard firearms rather than restricted short-barreled rifles.

Unfortunately that does not mean ALL FFLs can move forward like the ruling never happened.  Many state and/or local regulations regarding pistol braces and other firearm devices remain in place and enforceable. These regulations may restrict, prohibit or even make it a criminal defense to possess or transact various firearm devices like pistol braces.  A thorough review of state and local regulations that impact your business must be undertaken to understand if and how you may transact pistol braces.

Keep in mind, any firearm previously registered as an NFA item with ATF will be considered an NFA firearm and must be transacted as such until necessary steps have been taken by the registered owner to remove the firearm from the National Firearm Registration and Transfer Record (NFRTR).

Going forward, if you are able to transact a pistol brace, it is important to document product descriptions clearly. While the current rule is unenforceable and there are no pending appeals, federal law is still subject to change. FFLs should keep updated records in case future litigation or new executive orders revisit the issue.

Advising Customers

Many gun owners still have questions about whether their braced pistols are legal. FFLs should not offer anything that could be construed as “legal advice” but may suggest a customer review recent court rulings and Department of Justice statements on pistol braces. If customers voluntarily registered their firearms under the rule, they may wish to consult legal counsel about removing that classification. 

Inventory and Compliance

FFLs should review inventory that includes braced pistols or firearms designed with rearward attachments. It is important to make sure product labeling, marketing language, and categorization reflect current law. If any manufacturer recalls or redesigns brace products, FFLs may need to adjust descriptions or pricing accordingly.