Federal restrictions on pistol braces starts June 1: What Ohio gun owners need to know

Ohioans who own guns with pistol braces have a decision to make: Register their braced guns with the federal government, detach and destroy the devices, relinquish them to authorities, or risk federal firearms charges starting Thursday.

That's when a set of new rules from the Bureau of Alcohol, Tobacco, Firearms and Explosives go into effect.

"You literally have millions of people (nationwide), who starting June 1, are going to be federal felons, and they have no clue," said Eric Delbert, co-owner of L.E.P.D. Firearms Range in Columbus.

The regulatory changes, pushed by the Biden Administration, redefined short-barreled rifles to include guns with pistol braces. And that means increased ownership requirements for guns with these accessories starting June 1.

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Attorney General Merrick Garland called the change a common-sense response for an accessory popular with mass shooters, including the man who killed nine people in Dayton. But gun rights groups say demanding gun owners modify or register weapons they purchased legally violates the Second Amendment.

And Delbert worried that it might make felons out of law-abiding gun owners.

"This is not like a car recall where they sent out letters to every owner," he said. "Unless someone is in the shooting sports industry, they might not know this is happening."

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What is a pistol/stabilizing brace?

Stabilizing braces are accessories that attach to the back of a firearm, lengthening it and allowing it to be strapped to the forearm so shooters can pull the trigger one-handed. They were initially designed to help injured veterans shoot independently but have become popular with gun owners because they make it easier to shoot more accurately.

According to the Biden Administration, the devices turn handguns into short-barreled rifles because they have buttstocks shooters can brace against their shoulders.

And short-barreled rifles have been closely monitored since the 1930s "because they are more easily concealable than long-barreled rifles but have more destructive power than traditional handguns."

The National Firearms Act requires owners of these weapons to pay a $200 stamp tax, submit fingerprints and a photo to the ATF, and notify authorities whenever the owner wants to take the firearm across state lines.

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Why are the regulations changing now?

When pistol braces started becoming popular with mainstream gun owners, the ATF initially decided not to classify guns with these accessories as short-barreled rifles.

"We sold tons of them," Delbert said. "The ATF said it was OK, so people bought them in good faith."

But a handful of them found their way into the hands of mass shooters. That list includes the man who killed 10 people in a grocery store in Boulder, Colorado. The recent shooting at the religious school in Nashville. And the 2019 shooting in Dayton's entertainment district.

President Joe Biden called the accessory "especially dangerous," and Ohio state Rep. Dani Isaacsohn, D-Cincinnati, recently said he believes the accessory helped the Dayton shooter fire 41 shots in 30 seconds.

"In stabilizing the shooter’s arm, it allows them to increase the rate of the shot. That's why it's being regulated," Isaacsohn said during a committee hearing. "To pretend like the design doesn’t relate to its current use makes no sense. We know how it's being used because we saw the tragedy here in Ohio."

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Gun Rights Advocates disagree, saying the braces don't change how a firearm's action works. A semi-automatic trigger must be pulled for each shot, whether the pistol has a brace or not.

"It has nothing to do with the rate of fire," said Jered Taylor, a former Missouri state representative who works with Ohio Gun Owners. "It is simply for an individual with a disability...to help them enjoy the activity and utilize their Second Amendment rights."

What if I own one?

Regardless of whether the federal government should regulate guns with pistol braces, the new ATF rule is going into effect. And the holds put in place by federal judges have, so far, only applied to those challenging the rule's constitutionality.

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That means owners who haven't removed or registered their braces by Thursday could face up to 10 years in prison or $10,000 in fines or both.

"We have people coming into the store, and they are scared to death," Delbert said. "They're saying, 'I've never even had a parking ticket, and now I'm going to be a felon.'"

He's been helping folks fill out the paperwork if they want to register their braced firearms and even set up an in-store kiosk for submitting the e-Form 1 or paper Form 1. But he says Ohioans must understand the restrictions of this decision.

Firearms covered by the National Firearms Act cannot be carried concealed or kept loaded within reach of the driver in a vehicle. They cannot be sold to someone who hasn't completed the NFA requirements, which can take up to one year. The ATF must be notified before the weapon crosses state lines. And no one can use the gun if the owner isn't present.

"If my spouse picks the firearm up to use it for self-defense at home and I'm not there, you are in violation of federal law," Delbert said. "NFA guns are more difficult to own and more difficult to sell."

Owners who don't want to jump through those hoops must "permanently" remove their braces "such that it cannot be reattached" or replace the barrel with one at least 16 inches long, according to the ATF's final rule.

The only exception is arm braces without a buttstock that can be shouldered like a rifle.

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What's next in Ohio?

Estimates vary for how many pistol braces are on guns in the U.S. The federal government says there are about 3 million in circulation, but industry estimates are much higher.

Delbert's shop sold hundreds over the last couple of years. He said braced AR-15-style pistols were popular home defense guns during the COVID-19 pandemic, and he suspects there could be more than 100,000 in Ohio.

That's one reason why Ohio Gun Owners is pushing Republicans to pass House Bill 51. Known as the Second Amendment Protection Act, the legislation would prevent local law enforcement from enforcing federal gun laws the state deems unconstitutional.

More: Republican bill could block enforcement of federal gun laws in Ohio

The bill has had several hearings, but it appears to be hung up in committee over Republican concerns about a provision that would prohibit former federal employees from getting law enforcement jobs in Ohio.

A similar law is on hold in Missouri after a federal judge ruled the Supremacy Clause prevents states from ignoring federal regulations or laws.

Anna Staver is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: What Ohio gun owners need to know about the new ATF pistol brace rule