Michigan Pistol Brace Legality: What You Need to Know

What are pistol braces?

A pistol brace is a firearm accessory attached to the back of the gun. It is, as its name suggests, in the shape of a short, cushioned bar that folds onto the top of the gun, with two short arms beneath that allow a person to grasp the pistol with their fingers and hold it up to their shoulder. Its original purpose was to allow a person with limited use of their arms to wield the weapon more easily. However, many people have borrowed the concept from physically disabled veterans and made them popular for all sorts of reasons .
One of the reasons many consider the pistol brace more desirable than a standard rifle stock is because they are legal to use with a pistol, whereas an actual rifle stock would transform a pistol into a rifle, which is subject to additional regulations under the NFA (National Firearms Act). Some pistols already have stocks attached to the weapon and commonly referred to as "pistol stabilizing braces," which are not actually pistol braces at all. These still do, however, allow for the weapon to be fired more consistently.

Pistol brace laws on the federal level

The federal framework governing pistol braces is primarily based on rulings and determinations issued by the ATF. In 2015, the ATF issued a classification letter explaining that firearms equipped with pistol braces are "firearms" as defined by the National Firearms Act (NFA). However, the letter concluded that pistols with pistol braces do not trigger the same types of restrictions as weapons categorized as "short-barreled rifles" under the NFA, which require a license to own and transfer.
Packaged with the brace, however, the ATF included a letter that discussed the limits of this classification. The letter advised that "using a pistol brace on a weapon extends the length of pull" and "should be fired from the pistol brace in the open and unmuffled position." It cautioned that use of a pistol brace to create a short rifle would present "a violation of the NFA." This warning left an open question as to how exactly a user intended to fire the weapon would determine the legality of such usage.
This principle of determining the purpose of use formed the basis of the ATF’s guidance in subsequent letters. One of the most important aspects of this guidance is the fact that it is now codified in law. The Bipartisan Safer Communities Act (BSCA) passed in June of 2022, codifies the ATF’s position on braced pistols as including as part of its definition of "short barreled rifles" any firearm equipped with an "accessory that is attached to a firearm" and "serves as a shoulder stock, an upper arm support, a peripheral brace or similar device." BSCA also subjects such firearms to a 10 year mandatory minimum sentence for any use in violent crimes.
In December 2022, the ATF then issued a notice to accelerate this statutory guidance. All "stabilizing braces," which are defined as "an accessory that is attached to or integrated into a firearm that reduces felt recoil and provides support to the shooter’s forearm" are defined as "firearms" and "subject to restriction under the NFA." At the time of writing, the Norteast side of Michigan has a Republican governor who is not likely to implement the new regulation, and an important gun rights lobbying group is actively seeking a stay of all enforcement of the BSCA pending court challenges.
However, even if the bureau’s notice is declared moot, the BSCA provision is law and pistol braces now require a license to own and transfer governed by the provisions of the NFA. Currently, the Bureau plans to conduct firearm registration through the NFA process for all of these devices for a nominal registration fee. In practice, this is likely to consist of a form that permits registration of other devices regulated under the NFA.

Pistol brace laws in Michigan

Pursuant to the ATF’s Final Rule 2021R-08F, which includes a regulation on the classification of "stabilizing braces" attached to pistols, firearm owners and gun advocates across the United States have expressed concern about declaring their pistols as rifles or short-barreled shotguns under the definition put in place from January 31, 2023 on. However, the state of Michigan has been ahead of the curve regarding "pistol brace" requirements and firearms registration and licensing among the Great Lakes region.
Regulation
In the state of Michigan, the Secretary of the State must be notified when purchasing a pistol with a shoulder stock and must receive a license to possess it. On February 28, 2023, the Michigan State Police provided the following information in their handout "Pistol Brace Frequently Asked Questions":
A pistol equipped with a stabilizing brace that, in essence, allows the user to ‘steady’ the firearm with the brace in contact with the shoulder’ or designed and intended to be fired from the shoulder will cause the firearm to be a rifle under MCL 750.222. A pistol that has a barrel length greater than 12 inches, but less than 16 inches, may require a Separate License for Pistol. Your local gun board has the authority to require a license advertisement as a rifle under MCL 750.224 because it (1) lacks a shoulder stock and with the attached brace (2) has an overall barrel length of 12 inches or more but less than 16 inches and (3) is likely to be fired from the shoulder. If your local gun board determines your pistol requires a separate rifle license advertisement, you will need to obtain a separate rifle license advertisement prior to possessing your pistol equipped with a stabilizing brace.
These regulations are slightly different from those of the ATF’s in regard to using a braced pistol from 18-20 inches. However, this list does not include any pistols with a barrel shorter than 16 inches. This does not include a list for Pistol Brace Laws in the state.
SBR Registration
For many years, the Michigan State Police has required firearm owners to report owning SBRs or Short Barrel Rifles. In the state of Michigan, and only in the following counties, pistol owners must register their firearms with the Secretary of the State’s Office if the firearm has an overall length of 26 inches or less:
Any firearm with an overall length of 26 inches or less requires a license to purchase and a license to possess a pistol in Michigan.
Licensing
As the regulations above show, it is crucial to apply for licensing in the state of Michigan. If one does not apply for licensing, they will be subject to trespass charges. The owner will need to fill out an ATF Form 1 and submit it to the federal government. An applicant who seeks out a tax stamp can expect to wait anywhere from three to five months for a response.

Pistol brace news

As we have previously written about here, the ATF last year and just this week provided a new rule that deemed pistol braces to be short barreled rifles with National Firearms Act ("NFA" or "Title II") requirements that come along with them. For the purpose of understanding how these ATF announcements might impact Michigan law, this has not as of yet changed any Michigan laws.
That said, there are two Michigan laws that need to be addressed: MCL 750.224a is Michigan’s short barreled rifle law. The law was amended in 2018 to require registration of firearms with the ATF, which Michigan follows. Michigan also put a requirement for application and approval to possess on Michigan State Police. On its face, this law would seem to make the ATF’s latest announcement moot as Michigan requires registration and ATF approval for all short barreled rifles. Out of an abundance of caution, Michigan should, in theory, reverse its course and unregister pistols configured with pistol braces. However, the ATF rule, as discussed more here, has no provision for pistols configured with a brace but not meeting the definition of a short barreled rifle. ATF also appears to feel (correctly) there is sufficient responsibility by Michigan and other NFA states through the registration process. MCL 752.891e is Michigan’s law prohibiting possession of a pistol configured to fire fully automatic ammunition. "Pistol" is defined as a firearm with barrel length of less than 12 inches. The most common example of use of this law against someone is if the individual is found in possession of a "Glock switch" or other firearm designed to allow for fully automatic fire. Usually this is found in a substantially lowered limit for possession of weapons of substantially reduced size. This is probably best known as the "Gangbangers must disarm" law. The Glock "switches" are small objects that accomplish little to nothing to change a semi-automatic firearm into a fully automatic weapon. In one notorious Michigan case the possession of an unloaded firearm and a Glock switch fell under this law. To be clear , this change in the law would appear to make it unlawful to possess a pistol with a brace that has a "forward grip" because for purposes of this law that "forward grip" makes the firearm’s barrel length less than 12 inches. Of course, ATF’s rule requires that it be registered and permits be obtained. Michgan’s law would not allow a prohibitor of possession of a pistol because the weapon lacked a barrel length of greater than 12 inches. This is another area where Michigan now, potentially, has inconsistent laws due to the ATF’s new ruling. This is particularly the case if ATF adheres to its ruling letter and everyone gets is pistol braces using the "amnesty" application process. Then pistols with braced barrels that are not street sweepers are not illegal under Michigan law, but they are now illegal under federal law. In short, there are two areas of law in Michigan where Michigan’s law is actually at odds with the ATF’s new rules regarding pistols. Further, this is an area where we are likely to see appeals and major, substantial collateral attack litigation. At this time, the best solution is to stay tuned.

How this affects gun owners

This is not only an issue that relates to compliance, but also one that has practical implications for gun owners. The rule comes with an amnesty period for current owners to submit their "stabilizing braces" to the ATF to be registered, destroyed, or modified, however there are significant concerns about the mechanics of that process and how owners will be properly compensated for their "confiscated" devices. In the words of John Dingell, former Congressman, "The Congress is a graveyard of ideas. No matter how innocuous the measure, no matter how overwhelming the sentiment, the Congress is possessed of a passion for taking the life out of ideas." I suspect that these new regulations will likely end up in the graveyard before their implementation.

Pistol braces FAQs

Frequently Asked Questions About Pistol Braces in Michigan
Is a pistol brace that is made from metal legal to own and possess under federal laws?
Yes. Just as pistol braces with polymer components are legal under federal law, so are metal pistol braces. What makes a brace illegal is if it is "designed to or functions to" alter the firearm into a rifle.
Do I have to register my pistol brace firearm under federal law or otherwise comply with federal law?
Yes, under a previous ATF rule, you were required to either register your pistol brace firearm in NFA registry or destroy it. However, a recent United States Supreme Court decision gave federal lawmakers 120 days from its decision (May 31, 2023) to come up with a new law to regulate pistol brace guns or allow people to keep them and not register them. Because of this recent decision, most reasonable and prudent local and federal law enforcement agencies are holding off on enforcing the previous rule until around September 29 , 2023.
Will I get a knock on the door from law enforcement telling me to surrender my pistol brace firearm if I don’t comply with the September 2023 deadline?
Probably not. Most agencies are not going after law abiding citizens with pistol brace guns. The government is first researching and targeting the individuals and businesses it believes have been caught in the "pistol brace flood" (i.e., manufacturers, importers, dealers, remanufacturers and others) to see if they will voluntarily comply with the new federal laws before going after individuals who possess of pistol brace guns.
Am I going to get in trouble for buying a pistol brace gun online?
Maybe in the future, but not right now. The ATF is going after the companies that are importing pistol brace guns (the retailers are not being targeted at this time), not the individuals purchasing them.
Where should I keep my pistol brace pistol before September 29, 2023?
Keep it behind a camera door or in a safe with a lockable cable.