The ATF's factoring criteria was published on to the Federal Registry on January 31, 2023.
Previously our GEN-12 SBM with a 10.5" barrel and a brace was classified as a other firearm (pictured above). However, with the factoring criteria, the ATF is now measuring surface area of braces and depending on the size of the rear surface area, the ATF may view it as a stock because it is intended to be shouldered.
This rule is specifically addressing pistols with stabilizing braces and when those pistols with braces would fall under the purview of the NFA and be classified as a short-barreled rifle (SBR).
The ATF stated during their online presentation for clarity of this rule that this ruling does not address Pistol Grip Firearms (PGFs). However, they did specify that at PGF with a stabilizing brace would be considered (potentially) under the NFA purview as braces increase surface area to be shoulder fired thus changing the intended use of the PGF from 2 handed fire to shoulder fire--- potentially reclassifying it as a Short Barreled Shotgun (SBS).
The ATF also mentioned “constructive possession.” This specifically mentioned removing the brace, but still having it accessible to a pistol or PGF that could accept the brace would be considered constructive intent, and would fall under the purview of the NFA.
Clarity is still a challenging word to use when attempting to understand the entirety of this published rule, but at the moment we do have some direction. As much as we disagree with the ruling we are a FFL and must comply with our regulatory body, the ATF, to ensure we can continue providing the worlds best 12gauges to you.
Effective as of January 31, 2023, Genesis Arms will not be shipping any braces on their PGF classified firearms. The milspec receiver extension (buffer tube) will be substituted for a round featureless buffer tube. We will continue shipping GEN-12 SBM 10.5” barreled firearms with the round buffer tube as they are considered “other firearms” pursuant to the NFA and GCA.
We encourage all parties to fight this bureaucracy by supporting FRAC and other organizations which have proven to challenge government overreach regarding their attempted restrictions of our inalienable rights given to us by our creator, God, and protected under the Constitution of the United States.
WHAT IF YOU ALREADY HAVE A GEN-12 WITH A BRACE??
This is a great question and the ATF has provided very little clarity and minimal guidance at the publishing of this. The GEN-12 falls under the category of "other firearm" which the ATF has also started calling some of these "others" Pistol Grip Firearms (PGF). The published criteria for factoring is only addressing pistols and how they could fall under the purview of the NFA as a Short Barreled Rifle (SBR).
Our "other" GEN-12 is not a pistol. However, there is a section in the criteria addressing PGFs and they reference PGFs may fall under the purview of the NFA if a brace is attached. They advised to remove the brace to ensure the "other firearm" is not inadvertently converted to a NFA item.
We are sure you will have further questions. We will do our best to assist during this time.
If you have questions please feel free to reach out to us. Please email email@example.com or give us a call 208.704.2244