118 S361 IS: Pistol Brace Protection Act U.S. Senate 2023-02-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 361IN THE SENATE OF THE UNITED STATESFebruary 9, 2023Mr. Lankford (for himself, Mr. Cruz, Mr. Risch, Mr. Crapo, and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the National Firearms Act to provide an exception for stabilizing braces, and for other purposes.

1.

Short title

This Act may be cited as the Pistol Brace Protection Act.

2.

Modification of definition of firearm

(a)

Firearm definitions in title 18, United States Code

Section 921(a) of title 18, United States Code, is amended—(1)in paragraph (4)—(A)in subparagraph (B), by striking (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) and inserting the following: (other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term shotgun under paragraph (5)); and(B)in the flush text following subparagraph (C), by striking which the owner intends to use solely for sporting, recreational or cultural purposes; (2)in paragraph (5)—(A)by inserting (A) after (5); and(B)by adding at the end the following:(B)(i)The term shotgun shall not include any pistol or other firearm that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol or other firearm with a single hand through the use of a brace that—(I)is attachable or provides support to the user’s arm; and(II)the user intends to fire with a single hand.(ii)For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol or other firearm with a single hand.; and(3)in paragraph (7)—(A)by inserting (A) after (7); and(B)by adding at the end the following:(B)(i)The term rifle shall not include any pistol that is equipped with a device that is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that—(I)is attachable or provides support to the user’s arm; and(II)the user intends to fire with a single hand.(ii)For purposes of clause (i), documented use with 2 hands or firing from the shoulder does not establish that a user does not intend to fire the pistol with a single hand..(b)

National Firearms Act

Section 5845 of the Internal Revenue Code of 1986 is amended—(1)in subsection (c)—(A)by striking The term rifle means and inserting the following:(1)

In general

Subject to paragraph (2), the term rifle means; and(B)by adding at the end the following:(2)

Exception

(A)

In general

The term rifle shall not include any pistol which—(i)is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that—(I)is attachable, or (II)provides support to the user’s arm, and(ii)the user intends to fire with a single hand.(B)

Exclusion

For purposes of clause (ii) of subparagraph (A), any documented use of a pistol described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol with a single hand.;(2)in subsection (d)—(A)by striking The term shotgun means and inserting the following:(1)

In general

Subject to paragraph (2), the term shotgun means; and(B)by adding at the end the following:(2)

Exception

(A)

In general

The term shotgun shall not include any pistol or other weapon which—(i)is equipped with a device which is designed, manufactured, and intended to allow the operation of a pistol with a single hand through the use of a brace that—(I)is attachable, or (II)provides support to the user’s arm, and(ii)the user intends to fire with a single hand.(B)

Exclusion

For purposes of clause (ii) of subparagraph (A), any documented use of a pistol or other weapon described in such subparagraph with 2 hands or firing from the shoulder shall not establish that a user does not intend to fire such pistol or other weapon with a single hand.; (3)in subsection (e)—(A)by striking a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell,; and(B)by striking having a rifled bore, or rifled bores; and(4)in subsection (f), by striking except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes and inserting other than a shotgun, a shotgun shell, or a firearm excluded from the definition of the term ‘shotgun’ under subsection (d).(c)

Effective date

The amendments made by this section shall take effect on the date of enactment of this Act.