Pistol Brace Protection Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Introduced in Senate (IS)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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