2025 Pistol Brace Guide
Pistol stabilizing braces (often just called pistol braces) have become popular accessories that attach to the rear of a firearm, allowing a shooter to brace the pistol against their forearm for added stability. However, their legal status has been in flux. This guide provides an up-to-date (as of 2025) overview of federal rules – including recent ATF actions – and a state-by-state breakdown of laws affecting pistol braces.
We'll clarify how using a brace on a pistol differs legally from using one on a rifle, especially in terms of potentially reclassifying the firearm as a short-barreled rifle (SBR). The goal is an educational, approachable summary so firearm owners and accessory businesses can stay informed and compliant.
Table of Contents
Federal Regulations: ATF Rules on Pistol Braces (2025 Update)
ATF Classification of Braces
Under U.S. federal law, attaching a shoulder stock to a pistol can transform it into a short-barreled rifle (SBR), which is tightly regulated under the National Firearms Act (NFA). A short-barreled rifle is defined as a rifle with a barrel less than 16 inches (or an overall length under 26 inches) that is designed or intended to be fired from the shoulder[1][2].
Traditionally, pistol braces were marketed as stabilizing devices for one-handed firing – not shoulder stocks. They were originally developed to help disabled shooters control large-format pistols by strapping the firearm to the forearm[3]. For years, the ATF allowed braces, viewing an AR-style pistol with a brace as still a "pistol," not an SBR, so long as the brace wasn't intended as a shoulder stock.
The 2023 ATF Rule ("Final Rule 2021R-08F")
In January 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a controversial rule titled "Factoring Criteria for Firearms with Attached 'Stabilizing Braces'." This rule reinterpreted the definition of a rifle "designed or intended to be fired from the shoulder" to include many firearms equipped with braces[4].
In essence, the ATF said if a brace provides sufficient surface area such that the weapon could be shouldered, and if other factors indicate the firearm is intended to be fired from the shoulder, then it would be treated as an SBR under the law[5]. (The rule did carve out an exception for braces "objectively designed and intended" for disabled persons – braces truly meant for arm use, not as pseudo-stocks[6].)
Compliance Requirements
The 2023 rule took effect on January 31, 2023, and the ATF gave owners a 120-day period (until May 31, 2023) to take action[7]. During that time, the ATF allowed a tax-free registration of braced pistols as SBRs in the NFA registry. Owners had options:
- Register the firearm as an SBR (submitting fingerprints, paperwork, etc.)
- Remove the brace or barrel (e.g. detach the brace and not use it, or install a longer barrel)
- Turn in or destroy the firearm
- Otherwise modify it so it was no longer a short-barrel rifle[8][9]
After the grace period, any pistol with a brace that the ATF considered an SBR would be unlawful to possess without NFA registration – a federal felony.
Why This Happened
The ATF's rationale was that many people were using braces as improvised stocks – essentially shouldering them – thereby circumventing SBR laws[10]. The rule set up a complex "multi-factor test" (evaluating weight, length, design, marketing of the brace, etc.) to judge if a braced firearm is really designed to be shouldered. Critics noted this test was vague and inconsistent[11][12], making it hard for an average gun owner to know if their braced pistol was legal.
Legal Challenges and 2024 Developments
The pistol brace rule immediately faced numerous lawsuits in 2023, filed by gun-owner groups and a coalition of state attorneys general[13][14]. By late 2023 and 2024, federal courts pushed back strongly against the rule:
- In August 2023, the Fifth Circuit Court of Appeals found the rule likely violated the Administrative Procedure Act (APA) – essentially ruling that ATF's sudden reclassification was unlawful (the case Mock v. Garland was a prominent challenge)[15].
- Subsequently, in June 2024, a U.S. District Judge (Reed O'Connor in Texas) vacated the ATF's brace rule nationwide[16], meaning it was nullified.
- In August 2024, the Eighth Circuit also concluded the rule was likely "arbitrary and capricious" and upheld a block on its enforcement[17][18].
In sum, multiple courts agreed the ATF hadn't given fair notice of what devices were covered, creating a rule so vague it could not stand[19].
Current Status (2025)
As a result of these injunctions and rulings, the ATF's 2023 pistol brace rule is not being enforced as of 2025[20]. In practical terms, braces are legal to own and attach to pistols for now, and simply having a pistol brace on a firearm does not automatically make it an illegal unregistered SBR under federal law[21].
However, this situation is fluid. The court decisions are being appealed (the legal fight may reach the Supreme Court), and the ATF could attempt a revised rule. Gun owners should stay alert for any changes. Many firearm owners who attached braces prior to the rule have not registered those firearms as SBRs – and given the rule's vacatur, they are not required to do so at this time. The uncertainty has led some owners and manufacturers to remain cautious (for example, some gun companies paused sales or use of braces pending a final resolution)[22][23].
Implications for Federal Compliance
In the absence of an enforceable brace-specific rule, the general federal laws apply:
- A firearm classified as a pistol can have a brace attached and remain a pistol, as long as it is truly used as a stabilizing brace. There is currently no federal law outright banning possession of pistol braces as mere accessories. In fact, most popular brace models are explicitly designed to strap onto the forearm and not meant to serve as shoulder stocks[24].
- If a brace-equipped firearm was to be considered "designed to be fired from the shoulder" (for example, by configuration or misuse), it could be deemed an SBR. Owners should understand that even though the 2023 rule is struck down, the underlying NFA law on SBRs is still active. Should a future ATF rule or legislation reclassify braces, possessing an unregistered SBR carries severe penalties. As one retailer cautioned, the risk of future regulation remains, so many are careful about using braces until there's more certainty[25].
- What about shouldering a brace? Prior to the 2023 rule, ATF had issued conflicting guidance on whether firing from the shoulder (using a brace like a stock) "redesigns" the firearm into an SBR. In 2017, the ATF said incidental shouldering of a pistol brace did not constitute a violation – meaning you wouldn't suddenly "create" an SBR by accident[26]. The 2023 rule tried to move away from that case-by-case approach to a broader blanket rule. Now that the rule is vacated, there is technically no explicit new guidance on this point. While many believe occasional shouldering is not illegal, it's wise to be cautious. The safest route is to use the brace as intended (on the arm) until the legal dust settles. Deliberately using a brace as a stock could invite scrutiny under a future rule.
Federal Summary
In summary, federally as of 2025, pistol braces themselves are not banned. Attaching a brace to a pistol is legal and does not require any registration or tax stamp, so long as that firearm isn't deemed an SBR by intent or design[27]. The ATF's attempt to classify virtually all braced pistols as SBRs is on hold due to court orders.
Gun owners who did register their braced pistols during the 120-day window now legally own them as SBRs; those who did not register are not being compelled to (since the rule was struck down). It's a good practice to keep informed on the ongoing litigation. Always remember, if your firearm is ever definitively classified as an SBR, you must follow NFA requirements (registration, background check, $200 tax stamp, etc.) to lawfully possess it[28].
Note: The federal rules discussed above apply to braces on firearms made from the start as pistols. Converting a firearm that was originally a rifle into a shorter configuration can be more legally complex. For example, taking a rifle (which started life with a shoulder stock) and putting a brace on it while also keeping a barrel under 16" is not a legal workaround – that firearm is still considered a rifle, and with a short barrel it's an unregistered SBR.
The ATF treats the original classification of the receiver as important. In contrast, a firearm built and registered as a pistol can have a brace (and no stock) and remain a pistol. Always be mindful of a firearm's intended design: a short barrel + a shoulder stock = SBR (NFA item), whereas a short barrel + a true pistol brace (and no intent to shoulder) = still a pistol (non-NFA), under current interpretations. If unsure, consult the ATF's published guidance or seek legal advice before making modifications.
Pistols vs. Short-Barreled Rifles: Understanding the Difference
To navigate pistol brace laws, it's critical to understand how the law differentiates a pistol, a rifle, and a short-barreled rifle (SBR):
- Pistol: Under federal law, a pistol (or handgun) is a firearm designed to be fired with one hand. It typically has a short barrel and no stock. AR-15 style pistols (often in rifle calibers) fall into this category if they have no shoulder stock and meet length criteria. Attaching a stabilizing brace does not change the fact that it lacks a stock; a braced AR pistol is still intended to be fired one-handed (with the brace on the arm) – at least in theory.
- Rifle: A rifle is a firearm designed to be fired from the shoulder, usually with a stock, and fires one bullet per trigger pull through a rifled barrel. A standard AR-15 with a 16"+ barrel and a shoulder stock is a rifle. The crucial feature is the shoulder stock (buttstock) and the intent to shoulder the firearm.
- Short-Barreled Rifle (SBR): This is essentially a hybrid category – a rifle with a shorter barrel (under 16 inches) or shorter overall length (under 26 inches)[29]. By law, an SBR is still considered a rifle (meant to be shoulder-fired) but because of its short size, it's restricted. The NFA requires SBRs to be registered with ATF, a background check and fingerprinting of the owner, and a tax paid (usually $200) to possess or make one. Unregistered SBRs are illegal to possess. In plain terms, if you put a shoulder stock on an AR pistol (barrel under 16"), you have created an SBR – you must have pre-approval (via an ATF Form 1 or Form 4) to do that.
Where Do Braces Fit In?
A stabilizing brace is not a traditional shoulder stock – it's typically a plastic or rubber device with straps, meant to cuff onto your forearm. When used correctly (strapped to the arm), it lets you fire a pistol with one hand steadied by the brace. This means a pistol with a brace can be fired like a handgun, not from the shoulder. Therefore, it doesn't meet the rifle definition (not intended for shoulder firing).
This is why for many years the ATF said braced pistols were just handguns, not SBRs. However, because many braces can also physically contact the shoulder, there's a fine line: if someone intends to shoulder it, the government might argue the device is effectively being used as a stock.
Important Distinction
It's all about the intended use and design. If the brace-equipped firearm is "designed, made, or intended to be fired from the shoulder," then legally it's a rifle[30]. The ATF's now-paused rule explicitly clarified that a weapon with a brace providing surface area for shouldering could meet that definition[31].
As of 2025, with that rule on hold, we revert to the previous understanding: a brace on its own doesn't make a pistol a rifle/SBR unless you use it or configure it as such. Nonetheless, gun owners should be mindful – if you add a brace and also add other rifle-like features (or if the firearm becomes impractically large/heavy for one-handed use), you could be creeping into SBR territory in the eyes of regulators.
Consequences of SBR Classification
If your braced firearm is deemed an unregistered SBR, it's subject to NFA enforcement. That could mean potential federal felony charges for possession of an unregistered NFA firearm. The penalties are severe (up to 10 years in prison and large fines), so nobody wants to accidentally fall into that category. This underscores why understanding the brace issue is so important.
Examples for Clarity
Example 1: AR Pistol with Brace: John has an AR-15 pistol with an 11.5" barrel and attaches a Velcro strap brace to it. He uses it strapped to his arm, and the gun has no forward vertical grip or other rifle-like parts. Under current federal guidance, this is simply a pistol with an accessory – legal to possess without any special registration.
Tip: Ensure the overall length remains under 26 inches if you ever consider adding a vertical foregrip; adding a vertical grip to a pistol can create a regulated "Any Other Weapon" (AOW). Generally, avoid forward grips on braced pistols unless you know the OAL and rules.
Example 2: "Shouldering" the Braced Pistol: John occasionally shoulders the above firearm, using the brace against his shoulder at the range for stability. As of 2025, occasional shouldering is not clearly outlawed by any specific ATF rule (since the 2023 rule is vacated). Historically, the ATF said doing so does not reclassify the gun[32]. So John likely remains in legal possession.
However, if ATF in the future reissues guidance that doing this redesigns the firearm, John could be at risk. It's a gray area that could change – thus caution is advised.
Example 3: Converting a Rifle: Jane has a standard AR-15 rifle (16" barrel) and wants a shorter firearm. If she removes the stock and puts a brace on, but keeps the 16" barrel, it's still just a rifle (with an odd accessory) – legal, but not particularly useful since a brace on a full rifle isn't common.
The issue is if she also shortens the barrel below 16" or uses a short-barreled upper receiver. If she does that without prior ATF approval, she's now made an unregistered SBR. The fact that she used a "brace" instead of a stock is irrelevant in this case; because her gun was a rifle and is now configured to be shoulder-fired with a sub-16" barrel, it is an SBR. In short: once a rifle, always a rifle in the eyes of the law – you can't turn a rifle into a pistol without legal paperwork.
Example 4: Intended as Pistol vs Rifle: Consider two identical firearms, each with a 10.5" barrel and a brace attached. One was built on a receiver that was designated as a pistol from the start and the owner uses it with a brace on the forearm. The other was built using a receiver from a rifle that originally had a stock.
Legally, the first is a braced pistol; the second is actually an SBR because that receiver is already a rifle by definition and now has a short barrel. This quirky distinction is why most people build braced firearms on receivers transferred as "other" or pistol, not from an existing rifle. (Some states like California even prohibit building an AR pistol from a stripped lower that was transferred as a rifle – more on that below.)
Bottom Line
A pistol brace on a pistol can help you stabilize your firearm and, when used correctly, should keep it classified as a pistol. The brace alone doesn't magically make it an SBR under current law[33]. But always be aware of how you use it. If you start treating it like a stock or if a future rule comes into effect, that classification could change.
Meanwhile, a brace on a rifle (or a braced firearm that you shoulder and treat like a rifle) can bring you into SBR territory. When in doubt, keep the intent of the design clear (use braces as braces, not stocks) and pay attention to legal developments.
State-by-State Regulations on Pistol Braces
Beyond federal law, many states have their own regulations that affect pistol braces and the firearms they're attached to. These can include state definitions of short-barreled rifles, bans on certain firearm configurations (like "assault weapons"), registration requirements, or even state-level prohibitions on the braces themselves.
Below is a breakdown by state of any unique laws or restrictions regarding pistol braces and related issues. For each state, we'll note whether there are additional constraints beyond federal law, such as SBR legality and assault-weapon style feature bans. (If a state isn't listed as having a special restriction, it generally follows the federal rules described above.)
Note on "Assault Weapon" laws: Several states have laws banning or regulating assault weapons. These laws often define certain semiautomatic rifles and sometimes pistols by features (for example, having a detachable magazine plus a folding stock, foregrip, or even a weight threshold).
A large-format pistol with a brace might be classified as an "assault weapon" in those states due to features like a forward magazine outside the grip, a threaded barrel, or weight over a certain ounce limit – even if it's not considered an SBR federally. Thus, in those states, a brace could indirectly be restricted because the entire firearm is banned or must be registered. We will indicate where this is a factor.
This means if a pistol with a brace is deemed an SBR, it is outright unlawful in CA (there's no option to register it as one, generally). Additionally, California's Assault Weapons Control Act bans many rifles and pistols with military-style features. AR-type pistols are effectively banned as assault weapons unless configured in a CA-compliant way (such as a fixed-magazine or single-shot pistol).
For example, a semi-automatic pistol that accepts a detachable magazine outside the pistol grip (a typical AR-15 pistol design) and weighs over 50 ounces is classified as an illegal assault pistol in California[39][40]. A brace itself could be considered a "second handgrip" or simply part of the design that makes it non-compliant.
Practical effect: It's very difficult for an average person to legally own an AR pistol with a brace in California. Only configurations that remove all banned features (like making it a fixed-magazine pistol) would be legal. Californians who owned braces on firearms had to either remove them or ensure their firearm was configured in a state-legal manner.
Bottom line: Pistol braces are not specifically outlawed by name, but using one on an AR pistol in CA will likely land the gun into an "assault weapon" or SBR category, which are unlawful[41][42]. (California even restricts how firearms receivers are classified; one cannot simply take a rifle receiver and build it into a pistol due to state rules.)
Connecticut has an assault weapons ban (one of the strictest, enacted in 1993 and expanded in 2013) that includes many AR-15 style firearms. A brace-equipped AR pistol in CT would likely be considered a banned assault weapon unless it was registered as such or exempt (CT's ban grandfathers certain guns owned before 1994 or purchased before 2013 with registration).
For example, a semi-auto pistol that accepts a detachable magazine and has features like a threaded barrel or weighs over 50 ounces could be banned. However, CT does not ban braces per se, and short-barreled rifles can be owned if you comply with the state's criteria (e.g., some people in CT own SBRs that don't fall under the "assault weapon" definition, such as certain pistol-caliber carbines, etc., or they obtained certificates for pre-ban firearms)[45].
In summary: Connecticut residents should be extremely careful – most AR pistols with braces will be considered illegal assault weapons in CT, unless you have a previously registered one. SBRs are legal only if you can own that firearm under the assault weapon rules. Always check Connecticut's specific list of banned features and firearms.
However, Delaware does allow SBRs with federal NFA compliance (the state did not ban SBR possession)[46]. One quirk: within the City of Wilmington (DE's largest city), local ordinance bans SBRs entirely[47]. So, a short-barreled rifle (or a braced pistol considered an SBR) cannot be possessed in Wilmington city limits at all.
Practical effect: Outside of Wilmington, a braced pistol is subject to Delaware's assault weapon law – new acquisition of such firearms is prohibited as of 2022, though existing owners were allowed to register their assault weapons. If you configure a pistol in Delaware to avoid the assault weapon definition (for example, a fixed-magazine AR pistol), the brace itself isn't banned. Just ensure the firearm is compliant. And if you turn it into an SBR, it must be federally registered (and keep out of Wilmington).
Additionally, D.C. has an assault weapon ban by its definition, which would include AR-type pistols with braces (DC's laws are similar to California/New York in banning most semi-auto rifles and certain pistols). In short, you cannot legally possess an AR pistol with a brace in D.C. – it would either be an illegal assault weapon or an illegal SBR, or both. D.C. residents are generally limited to handguns (without banned features) and long guns that meet strict criteria.
Hawaii also uniquely bans what it calls "assault pistols." Under Hawaii law, an assault pistol is a semi-automatic handgun that accepts a detachable magazine and has at least two out of a list of features (for example: a magazine that attaches outside the pistol grip, a threaded barrel, a shroud allowing a two-handed grip, an unloaded weight over 50 ounces, or a length over 12 inches)[52][53].
This definition squarely covers AR-15 style pistols with braces – they have magazines outside the grip, often weigh over 50 oz, etc. In fact, Hawaii's law explicitly says any handgun with an overall length of 12 inches or more is an "assault pistol"[54] (unless it has a 16" or longer barrel, which would make it a rifle).
Thus, pistol braces are essentially outlawed on AR pistols in Hawaii because the firearm itself is banned. Only exceptions would be for law enforcement or perhaps grandfathered items from before the ban (Hawaii's assault pistol ban has been in effect since the 1990s). Regular citizens in Hawaii cannot possess assault pistols, and they cannot possess SBRs either.
In summary, a Hawaii gun owner should not attach a brace to any pistol – doing so would create a prohibited firearm. (Notably, Hawaii currently does not ban assault rifles by that name – but any rifle under 16" barrel would be an illegal SBR, and any AR pistol is an illegal assault pistol, leaving no lawful avenue for braced AR-type firearms.)
- SBRs in Illinois: The state of Illinois only allows civilian ownership of SBRs if you possess a valid Federal Curio & Relic (C&R) License[56]. This is a collector's license typically used for antiques. Essentially, this means the average person cannot go and register an AR pistol as an SBR in Illinois unless they have that collector status and the firearm itself might qualify as a Curio/Relic (which modern ARs do not). For most people, SBRs are effectively not allowed in Illinois.
- 2023 Assault Weapon Ban (PICA): In January 2023, Illinois passed the Protect Illinois Communities Act, which bans the sale and possession of many semi-automatic firearms defined as assault weapons. This law specifically lists categories of guns, including "AR-style pistols" (any semi-auto pistol that accepts mags over 15 rounds, has a second grip or other features, etc.). Many braced pistols fall under this ban. Existing owners were required to register their firearms with the State Police by January 2024 if they wished to keep them. Thus, if you have an AR pistol with a brace in Illinois, it is almost certainly considered a banned assault weapon unless you owned and registered it in time. Going forward, one cannot buy or sell such firearms in Illinois.
Practical effect: A law-abiding gun owner in Illinois has very limited options. If you had a brace-equipped firearm and didn't register it under the new law, you risk criminal charges. Even if you wanted to register it as an NFA SBR federally, Illinois law would block you unless you meet the C&R exemption[57].
In short, Illinois currently is one of the most restrictive states for brace-equipped guns – effectively treating them all as prohibited unless grandfathered. Always check the latest on the Illinois law, as it has faced court challenges (but was in effect as of 2024 pending those outcomes).
- Maryland allows SBR ownership with federal registration, but it has a quirky state law: an SBR must have an overall length over 29 inches unless it was owned and made prior to October 1, 2013[64]. This effectively means short SBRs (like many AR pistols which are typically well under 29" OAL) are not allowed in Maryland unless they are older "grandfathered" builds.
- Additionally, Maryland's assault weapon ban (the Firearm Safety Act of 2013) designates certain rifles as "regulated firearms" or banned outright. It includes a copycat provision: rifles under 29" or with certain features cannot be brought into the state[65]. Many AR pistols with braces would meet the definition of a banned "copycat weapon" if they have features like a folding brace or are under 29". Maryland also specifically bans any centerfire rifle that is an AR-15 variant (copycat) with a shorter barrel or certain features, regardless of brace.
Maryland does not ban pistol braces by name, and handguns aren't subject to the same feature ban as long guns. However, an AR pistol with a brace might be considered an SBR if shoulder-fired, which the state would disallow if under 29". If it remains a pistol, Maryland might actually treat it as a regular handgun (Maryland's handgun roster or purchase license requirements might apply, but not an outright ban).
This is a nuanced point: Marylanders can own AR pistols (some do, in compliance with the handgun laws), but if that AR pistol has a brace and is under 29" OAL, could the state call it an SBR copycat rifle? The law isn't crystal clear for braces. The conservative approach: assume Maryland will treat a braced AR pistol as either an SBR or an assault weapon if it's an AR-15 style.
Bottom line for MD: Proceed with caution. Maryland allows properly registered SBRs longer than 29"[66]. If your braced firearm is shorter, you should ensure it stays in the "handgun" category (for example, some build AR pistols in Maryland that don't have shoulder stocks or forward grips, effectively treating them as handguns – these must be on the handgun roster or built from receivers before certain dates). Pistol braces on something like an AR pistol likely put it in a legally gray area in MD. Many Maryland gun owners simply avoid braces or AR pistols to not run afoul of the copycat weapon ban[67].
- SBRs are legal to own in MA with federal approval; Massachusetts does not ban SBRs outright[68]. However, under MA law all firearms are subject to the state's assault weapon definitions.
- Massachusetts bans "assault weapons", which for pistols means semi-auto handguns that accept detachable magazines and have at least two banned features (such as a magazine outside grip, a threaded barrel, a barrel shroud, or weight over 50 ounces, etc., very similar to the Hawaii criteria we saw)[69][70]. An AR pistol with a brace in MA easily crosses that threshold (mag outside grip + weight over 50 oz, for instance). Unless it was owned prior to the ban (pre-1994) and registered, it would be illegal.
- Massachusetts also enforces its AW ban via an Attorney General regulation that all "copies or duplicates" of banned rifles (like AR-15s) are prohibited. This likely extends to pistols built on AR actions as well.
In practice: A brace itself isn't specifically illegal in MA, but using one on a firearm that meets the AW definition is. Most braces are used on AR-style pistols, which are generally considered assault weapons in MA if they have typical features. So, a braced AR pistol would be unlawful to possess unless one somehow had a pre-ban configuration.
Massachusetts does allow registered SBRs that don't count as assault weapons – for example, an SBR that is a rimfire or an SBR built on a platform not considered an AW could be legal. For the average gun owner though, braced AR pistols are off-limits. MA residents should treat braced AR pistols as prohibited. Standard pistol braces could still be used on something like a T/C Contender or a single-shot pistol, but those usually aren't in question.
So, a braced AR pistol under 26" OAL in Michigan must be registered as a pistol. If you actually convert it to an SBR (by adding a stock or whatever and getting a tax stamp), not only do you do the federal NFA paperwork, but Michigan will also want that firearm registered as a pistol because of its size[73].
Michigan has no assault weapon ban, so features like braces or magazines don't make a gun illegal otherwise. Just be mindful of the additional administrative step – Michigan residents need a license to purchase or register any pistol, and that includes AR pistols or braced firearms under the length threshold.
Summary: Braces are legal in Michigan; just remember to do your Michigan Pistol Registration for the firearm if applicable.
(Minnesota does prohibit machine guns and short-barreled shotguns unless C&R, but SBRs are okay)[75]. Minnesota owners can use braces freely, but still need to follow federal NFA rules if making an SBR.
In fact, Missouri passed a law in 2021 (the Second Amendment Preservation Act) aimed at prohibiting state/local authorities from enforcing federal gun regulations seen as infringements[78]. This was in protest of rules like the ATF brace rule. (That Missouri law's status is being litigated, but it shows the state's stance.)
So, Missouri gun owners generally only worry about federal law on braces, not state law. A braced pistol is legal; if it became an SBR federally, Missouri has no problem with that (and might not even assist in enforcing any hypothetical brace ban)[79].
In fact, New Hampshire was one of the states whose Attorney General joined the lawsuit against ATF's brace rule, calling it federal overreach[84][85]. So, New Hampshire's authorities are generally friendly toward brace ownership. A braced pistol is legal there, with no state-imposed conditions beyond federal law.
New Jersey also has one of the nation's oldest and strictest assault firearm bans. It bans a list of named guns and any firearm that is "substantially identical" to them. For rifles, NJ law effectively bans AR-15 type rifles unless configured to a very specific neutered form, and for semi-auto pistols, NJ bans those that have features like a magazine outside the grip or a weight over 50 ounces, among other features (very similar to the federal 1994 ban criteria).
An AR pistol with a brace definitely hits those marks, and would be considered an illegal "assault firearm" in NJ. Furthermore, simply having a brace on a firearm might lead NJ to classify it as an illegal SBR or AOW (New Jersey's definitions are strict – for instance, NJ has prosecuted people for possession of firearms that aren't clearly rifles or pistols, considering them contraband).
In essence: You cannot legally own a brace-equipped AR pistol in New Jersey. It would either be an unpermitted SBR or an assault weapon – either way, contraband. There's no state provision to register it or make it legal. NJ residents should avoid pistol braces except in contexts that are unquestionably legal (e.g., perhaps a brace on a .22 pistol that doesn't meet assault weapon criteria – but even then, caution is warranted). The safest interpretation: New Jersey law prohibits practically all configurations of braces on rifles or pistols for civilians.
Under NY law, any semi-automatic pistol that can accept a detachable magazine and has one or more prohibited features (such as a threaded barrel, second handgrip, weight over 50 oz, or the ability to accept a magazine outside the grip) is classified as an illegal assault weapon. An AR pistol with a brace definitely qualifies (it has a mag outside the grip; most are over 50 ounces, etc.). Thus, it is banned.
In New York, essentially no AR-style pistols are legal. Even some rifle-caliber pistols without braces are banned by these feature tests. Additionally, New York doesn't allow civilians to own SBRs at all. So if you somehow shouldered a braced pistol, it's illegal on two counts.
Bottom line: Pistol braces cannot be lawfully used in New York in the typical ways. New York gun owners cannot have AR pistols (braced or not) unless they were registered by 2013 as assault weapons (which is extremely rare and those couldn't have braces then anyway). New York's laws will treat a brace-equipped pistol as contraband.
The only braces one might see in NY are on non-semi-auto handguns (for example, a brace on a single-shot pistol might not be an "assault weapon" because the law covers semiautos – but even then, making such a firearm might risk it being considered "making a short rifle"). New Yorkers should steer clear of this accessory.
Ohio has been considering a state law to become a "Second Amendment Sanctuary" (preventing local enforcement of federal gun laws)[92], reflecting opposition to rules like the brace ban. In any case, Ohio state law does not regulate pistol braces specifically.
Ohio gun owners can use braces on pistols legally; if the brace makes the firearm an SBR by federal definition, they would need to have it NFA registered, but Ohio itself imposes no extra hurdles.
Tennessee actually passed a law in 2022 often called the "SBR Freedom" law that removed SBRs from the state's list of prohibited weapons, aligning state law fully with federal NFA rules. There's no assault weapon ban. So, braced pistols are legal in TN.
In 2023, Tennessee also declared itself a Second Amendment sanctuary state, meaning state authorities shouldn't enforce federal gun rules like the brace ban. Gun owners in TN can use braces without additional state requirements.
In 2021, Texas enacted a law that forbids state officials from enforcing new federal gun regulations, signaling opposition to rules like the pistol brace ban. Practically, this means Texas law enforcement would defer to federal agents for any brace issues and likely not assist. For a Texas gun owner, a brace on a pistol is perfectly legal. If it becomes an SBR, Texas law has no objection as long as you went through the federal steps.
Note: Texas also attempted to allow made-in-Texas suppressors to be exempt from federal law (a separate issue) – this shows the state's general stance that they won't add restrictions. So braces are a non-issue under Texas statutes.
Virginia did have some older laws about needing to notify the state police of machine gun ownership, but nothing that affects braces or SBRs broadly (and those machine gun laws don't apply to SBRs). There is no assault weapon ban at the state level in VA for adults – although Virginia restricts sales of certain semi-auto rifles to minors and in some locales.
In 2020, an attempt to pass an assault weapon ban failed, so as of 2025 Virginia gun owners can possess AR pistols with braces freely. Northern Virginia localities cannot ban them either due to state preemption. So, a brace on a pistol in VA is fine. Just remember if you travel to D.C. or MD from VA, laws change.
However, in 2023 Washington passed HB 1240, which bans the sale, manufacture, or import of "assault weapons." This ban covers a list of specific models and any semi-automatic rifle or pistol that fits certain criteria. AR-15 style pistols and rifles are on the list of banned items for new sales[105].
Importantly, the law does not prohibit possession of these assault weapons if you owned them before the ban[106]. So, if you already have an AR pistol with a brace in Washington that you acquired prior to the law (April 25, 2023), you may keep it. But you cannot purchase a new one or bring a new brace-equipped AR pistol into the state now.
As for pistol braces themselves: Washington's law doesn't single out braces as prohibited accessories, but it's effectively moot because the firearm it would attach to can't be acquired new. Also, some have interpreted the law to ban "parts that can convert a firearm into an assault weapon." It's a bit unclear if a brace could be considered such a part (likely not by itself, since an AR pistol is already an assault weapon by their definition with or without the brace).
Summary for WA: Braces are not banned, and SBRs are legal if registered. But you can't buy or transfer an AR pistol (braced or not) in WA anymore. If you owned one already, you can keep using the brace on it. If you want to make it an SBR, you can register it federally (Washington has no law against possessing SBRs). Just note, even an SBR version would still be an "assault weapon" under state law, but since possession is grandfathered, you're okay as long as you don't transfer it. Be very careful to document that you owned the firearm before the 2023 ban if you have one.
In fact, West Virginia's Attorney General led the 25-state lawsuit against the ATF brace rule[108][109], reflecting the state's pro-brace stance. So braced pistols are completely legal in WV under state law.
As seen above, the majority of states do not impose additional regulations on pistol braces or braced firearms beyond what federal law requires. In those states, as long as you comply with the evolving federal rules (discussed in the first section), you will generally be compliant with state law as well. However, a number of states – mostly those with strict gun control laws or their own assault weapon bans – significantly limit or outright ban the configuration of firearms that include braces:
- States like California, New York, New Jersey, Hawaii, and others essentially make it illegal to own the types of firearms that typically would have braces (treating them as illegal assault weapons or SBRs).
- States like Illinois, Connecticut, Massachusetts, Maryland, Delaware, Washington have various bans or registration requirements that heavily restrict brace-equipped guns.
- A few states (e.g. Rhode Island, D.C., Hawaii, New Jersey, New York) don't allow SBRs at all, so if a brace were reclassified as making a pistol an SBR, those states offer no legal avenue to keep it – you'd have to remove the brace or not have that firearm.
- On the flip side, many states (especially in the South, Midwest, and Mountain West) not only allow braces but have even passed laws or resolutions to oppose federal restrictions on them (so-called "Second Amendment Sanctuary" states).
Always double-check your specific state's current statutes and even local ordinances. Some states have peculiar definitions or may update laws. For example, a few states define certain braced firearms as "handguns" or "firearms" differently (as Michigan and Maryland do). The information above is current as of early 2025, but gun laws can change with new legislation or court decisions. Use the state-by-state notes as a starting point for understanding your obligations.
Staying Compliant and Final Tips
Navigating pistol brace regulations requires keeping an eye on both federal and state developments:
Stay Informed Federally
Given ongoing court cases, the ATF's position on braces could change. If the ATF's 2023 rule eventually comes back into effect (or a modified version of it does), brace owners may once again face choices: register as an SBR, remove the brace, etc. Pay attention to ATF announcements or court rulings in 2025 and beyond. The legal battle over the brace rule is a high-profile one, so news outlets, firearms advocacy groups, and ATF itself will likely publicize any changes. Ignorance of a rule change won't be a defense if enforcement resumes, so staying informed is key for compliance.
Know Your State's Stance
Use the above state breakdown to gauge how your state treats braces. If you live in a restrictive state (CA, NY, NJ, etc.), you likely already know your options are limited – do not attempt to circumvent state law by using a brace in a way that's not allowed. In moderate states like MD, MA, CT, IL, make sure you follow any registration requirements and configuration limits. And in the permissive states, continue to follow federal law and any basic state regulations (like Michigan's pistol registration rule, or local bans in a city like Wilmington). If you move between states, always check the law in the new state before bringing firearms or accessories – what's legal in one state could be a serious crime in another.
Braces on Pistols vs. Rifles
Remember that braces are intended for pistols. Attaching one to a firearm that is legally a rifle (with the idea of making a "short rifle") is legally the same as making an SBR. If you want a short-barreled rifle, the proper route is to file an ATF Form 1 and register it, rather than rely on a brace to skirt the law. Many people in free states have chosen to register their braced AR pistols as SBRs during the ATF's amnesty period or even afterwards, to have clarity and be able to legally shoulder them. That is a personal choice (and requires engraving the firearm and paperwork), but it's the definitive way to stay on solid ground if you want to treat the gun like a rifle. Otherwise, keep the firearm configured as a pistol (no stock, no vertical foregrip, etc.) to avoid any classification issues.
Use Braces as Intended
If you're going to keep your firearm as a pistol with a brace, use the device the way it was meant: strapped to your forearm. Doing so not only adheres to the intended design (which matters in the eyes of the law), but also reinforces the argument that your purpose is to have a more stable pistol, not an unregistered SBR. It might sound trivial, but if ever questioned, demonstrating that you use the brace for one-handed shooting (e.g., in training or competition) could support your case that the item is not intended as a stock. While the legality doesn't hinge on your personal use alone, it's wise to avoid posting pictures or videos of yourself shouldering a braced pistol on social media, etc., especially during this legally uncertain period.
Transporting Across State Lines
Be very cautious if traveling with a braced pistol. Passing through states like NJ or NY even briefly with a braced AR pistol could lead to serious legal trouble, as those states don't recognize any federal protections for such firearms (unlike conventional handguns which have some protection under the Firearm Owners Protection Act when traveling, an AR pistol might not be seen as a protected "firearm" in certain jurisdictions). If you must travel, consider removing the brace temporarily to avoid the issue in states where it's problematic, or better yet, don't bring that firearm through hostile states at all.
Keep Documentation
For those in states with registration requirements or grandfather clauses (Illinois, Connecticut, California pre-2017 registrations, etc.), keep copies of any registration paperwork or proof of ownership dates for your braced firearms. If an issue ever arises, being able to immediately demonstrate compliance with state law can smooth over a potential misunderstanding.
Conclusion
Pistol braces occupy a complicated corner of firearms law as of 2025 – federally, they've been the subject of shifting regulations and court fights, and at the state level, their legality ranges from completely unrestricted to outright banned, depending where you live. This guide has outlined the current federal stance (the ATF's attempted ban is on hold pending legal review) and detailed how each state approaches braces, pistols, and short-barreled rifles.
The overarching theme for staying on the right side of the law is awareness. By knowing the definition of an SBR and how a brace on your pistol fits into that, you can make informed decisions (such as whether to register it, remove it, or use it normally). By understanding your state's laws, you avoid accidental felonies – for instance, realizing that putting a brace on that AR pistol in New York or California isn't just a bad idea, it's illegal.
We have aimed to keep the tone here informative and accessible, because these regulations can be technical. The key takeaway for the average gun owner or firearms accessory business is: do your homework (use guides like this as a starting point), follow official guidance, and when in doubt, err on the side of caution or consult a firearms-savvy attorney. The situation in 2025 is much in flux federally – it's not overly legalistic to say the outcome of these court cases will directly impact what millions of brace owners must do.
For now, enjoy your pistol braces legally if you're in a state that permits them and as long as federal law continues to allow them. They do provide genuine benefits for stability and accuracy[112], making large pistols easier to handle. Just deploy them in a compliant manner. By keeping informed and careful, you can stay safe, responsible, and on the right side of the law with your braced firearms.