SBR or Arm Brace? - The Facts About the Legality of SB Tactical’s AR-15 Pistol Arm Brace

First, I want to start by saying that this article is in no way to be construed as legal advice. Laws are subject to change, and the monkeys we have in Congress seem to change their mind on federal codes about three times per day. For legal council, always consult an attorney.

What is the SB Tactical Arm Brace?

Now that I have the legal bullshit out of the way, let’s cut right to the meat and potatoes. The arm brace designed by SB Tactical in 2013 for a wounded warrior has run the gambit of legal concerns over the last few years. The ATF couldn’t make up their mind about the specifics, and the NFA doesn’t provide a exact clause for this kind of weapon, or whether “shoulderability” is a legitimate way to discriminate between an SBR (Short Barreled Rifle) and a semi-automatic pistol.

It was fine for the wounded soldier, but after numerous questions about the legality, and specific questions posed to the BATFE by private citizens, (can I mount a foregrip, rifle-scope, A2 irons, etc?) they released a statement in January 2015, basically saying that it’s fine to own it without SBR paperwork, and it’s fine to mount it to the buffer tube. But the second you shoulder it, you’re committing a felony.

I won’t comment on the silliness of this letter. We’re smart people and I don’t think I need to elaborate on semantics like how my fountain pen might become a deadly weapon if “brandished” in a threatening way.

ATF Letters Regarding the SB Tactical Arm Brace

The result of the letter? Sales dropped, the legality wasn’t totally clear, and nobody wanted to take the risk of running into an ATF agent at the range who might be having a bad day, and see an SBR AR-15 without proper documentation. Read the full letter here:

The original open letter concerning the SB Tactical brace as a SBR

A new letter was recently released by the ATF, and you can read that here, basically stating that they had already approved the brace as a non-NFA item, and mounting it does not turn a pistol into a rifle. You no longer need to worry about turning your AR pistol into an NFA item on accident, so long as you use the ATF approved SB Tactical arm brace (as of this writing it is the only arm brace that has received the proper approval from the ATF).

It’s also clear in the letter that the brace must be unmodified, and that any alteration, permanent or otherwise, voids the ATF approval of the device.

The short version: if you purchase the arm brace, then leave it the hell alone, and attach it to your pistol. If you start tinkering with it, you stand to get in trouble, and the BATFE is one organization that you don’t want to piss off.