[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 361
To amend the National Firearms Act to provide an exception for
stabilizing braces, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. 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 Finance
_______________________________________________________________________
A BILL
To amend the National Firearms Act to provide an exception for
stabilizing braces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pistol Brace Protection Act''.
SEC. 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.
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