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FACT BRIEF

Would a new federal rule on guns make millions of Americans 'potential criminals overnight?'

By Tom Kertscher
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NO

The federal government did adopt a new rule reclassifying guns with "stabilizing devices" as rifles. However, it is hyperbole to say the rule, which is being challenged in court by the conservative Wisconsin Institute for Law and Liberty, would potentially criminalize Americans overnight.

If the rule is upheld, weapons with attachments that enable firing from the shoulder must be registered by May 31, 2023. Registration is free during the 120-day period and costs $200 after that.

Enforcement would begin after the 120 days for unregistered existing weapons with a stabilizing brace, with violations punishable by up to 10 years’ imprisonment and $10,000 in fines.

Estimates vary for how many Americans own guns with these stabilizing devices. The Bureau of Alcohol, Tobacco and Firearms estimates about three million have been sold since 2013. The Congressional Research Service estimates there are between 10 and 40 million in circulation.

This fact brief is responsive to conversations such as this one.
Sources
U.S. Government Publishing Office Federal Register: Factoring Criteria for Firearms With Attached "Stabilizing Braces’’
Wisconsin Institute for Law and Liberty Darren A. Britto, Gabriel A. Tschauner, and Shawn M. Kroll v. Bureau of Alcohol, Tobacco, Firearms and Explosives | Complaint
US Bureau of Alcohol, Tobacco, Firearms and Explosives Frequently asked questions for final rule 2021-08F
Federal Register Factoring Criteria for Firearms With Attached “Stabilizing Braces”
Congressional Research Service Handguns, Stabilizing Braces, and Related Components
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.