II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pistol Brace Protection 

5 Act’’. 

6 SEC. 2. MODIFICATION OF DEFINITION OF FIREARM. 

7 (a) FIREARM DEFINITIONS IN TITLE 18, UNITED

8 STATES CODE.—Section 921(a) of title 18, United States 

9 Code, is amended— 

10 (1) in paragraph (4)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 361 IS

1 (A) in subparagraph (B), by striking 

2 ‘‘(other than a shotgun or a shotgun shell which 

3 the Attorney General finds is generally recog4 nized as particularly suitable for sporting pur5 poses)’’ and inserting the following: ‘‘(other 

6 than a shotgun, a shotgun shell, or a firearm 

7 excluded from the definition of the term ‘shot8 gun’ under paragraph (5))’’; and 

9 (B) in the flush text following subpara10 graph (C), by striking ‘‘which the owner intends 

11 to use solely for sporting, recreational or cul12 tural purposes’’; 

13 (2) in paragraph (5)— 

14 (A) by inserting ‘‘(A)’’ after ‘‘(5)’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(B)(i) The term ‘shotgun’ shall not include 

17 any pistol or other firearm that is equipped with a 

18 device that is designed, manufactured, and intended 

19 to allow the operation of a pistol or other firearm 

20 with a single hand through the use of a brace that— 

21 ‘‘(I) is attachable or provides support to 

22 the user’s arm; and 

23 ‘‘(II) the user intends to fire with a single 

24 hand. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 361 IS

1 ‘‘(ii) For purposes of clause (i), documented use 

2 with 2 hands or firing from the shoulder does not 

3 establish that a user does not intend to fire the pis4 tol or other firearm with a single hand.’’; and 

5 (3) in paragraph (7)— 

6 (A) by inserting ‘‘(A)’’ after ‘‘(7)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(B)(i) The term ‘rifle’ shall not include any 

9 pistol that is equipped with a device that is designed, 

10 manufactured, and intended to allow the operation 

11 of a pistol with a single hand through the use of a 

12 brace that— 

13 ‘‘(I) is attachable or provides support to 

14 the user’s arm; and 

15 ‘‘(II) the user intends to fire with a single 

16 hand. 

17 ‘‘(ii) For purposes of clause (i), documented use 

18 with 2 hands or firing from the shoulder does not 

19 establish that a user does not intend to fire the pis20 tol with a single hand.’’. 

21 (b) NATIONAL FIREARMS ACT.—Section 5845 of the 

22 Internal Revenue Code of 1986 is amended— 

23 (1) in subsection (c)— 

24 (A) by striking ‘‘The term ‘rifle’ means’’ 

25 and inserting the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 361 IS

1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the term ‘rifle’ means’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(2) EXCEPTION.— 

5 ‘‘(A) IN GENERAL.—The term ‘rifle’ shall 

6 not include any pistol which— 

7 ‘‘(i) is equipped with a device which is 

8 designed, manufactured, and intended to 

9 allow the operation of a pistol with a single 

10 hand through the use of a brace that— 

11 ‘‘(I) is attachable, or 

12 ‘‘(II) provides support to the 

13 user’s arm, and 

14 ‘‘(ii) the user intends to fire with a 

15 single hand. 

16 ‘‘(B) EXCLUSION.—For purposes of clause 

17 (ii) of subparagraph (A), any documented use 

18 of a pistol described in such subparagraph with 

19 2 hands or firing from the shoulder shall not 

20 establish that a user does not intend to fire 

21 such pistol with a single hand.’’; 

22 (2) in subsection (d)— 

23 (A) by striking ‘‘The term ‘shotgun’ 

24 means’’ and inserting the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 361 IS

1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the term ‘shotgun’ means’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(2) EXCEPTION.— 

5 ‘‘(A) IN GENERAL.—The term ‘shotgun’ 

6 shall not include any pistol or other weapon 

7 which— 

8 ‘‘(i) is equipped with a device which is 

9 designed, manufactured, and intended to 

10 allow the operation of a pistol with a single 

11 hand through the use of a brace that— 

12 ‘‘(I) is attachable, or 

13 ‘‘(II) provides support to the 

14 user’s arm, and 

15 ‘‘(ii) the user intends to fire with a 

16 single hand. 

17 ‘‘(B) EXCLUSION.—For purposes of clause 

18 (ii) of subparagraph (A), any documented use 

19 of a pistol or other weapon described in such 

20 subparagraph with 2 hands or firing from the 

21 shoulder shall not establish that a user does not 

22 intend to fire such pistol or other weapon with 

23 a single hand.’’; 

24 (3) in subsection (e)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 361 IS

1 (A) by striking ‘‘a pistol or revolver having 

2 a barrel with a smooth bore designed or rede3 signed to fire a fixed shotgun shell,’’; and 

4 (B) by striking ‘‘having a rifled bore, or ri5 fled bores’’; and 

6 (4) in subsection (f), by striking ‘‘except a shot7 gun or shotgun shell which the Secretary finds is 

8 generally recognized as particularly suitable for 

9 sporting purposes’’ and inserting ‘‘other than a shot10 gun, a shotgun shell, or a firearm excluded from the 

11 definition of the term ‘shotgun’ under subsection 

12 (d)’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date of enactment of 

15 this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB