Current status of Pistol Brace Oct 2024

[SP1200SP1200]

I just returned to CA and need to know, what is the current status of Pistol Brace as of Oct 2024? Last time I was home I tossed the Shock blade in the trash because it was about to be illegal. I'm sure this question has already been asked, but my search results are overwhelming. I'm finding conflicting info. I have been trying to find out for the past 2 hours... Thanks in advance guys.

[SP1200SP1200]

never mind. i see you can buy them everywhere. Ill assume they are legal once again.

[SigSauerP226]

I think the ATF reversed their decision and basically made it legal again. Idk if there was anything as far as CA that prevents use of the brace that I know of?

[bwiese]

Hi, SP1200SP1200 and SigSauerP226,

never mind. i see you can buy them everywhere. Ill assume they are legal once again.

Please don't! Making assumptions about legality at the very least puts you at financial risk.

Please remember that there are two relevant separate bodies of law relating to 'braces'. In CA, you have
to get 'em both right.

• For now, Federally, braces are essentially "where they were" before given Mock v. Garland
  .
• You do have more protection using a brace in an application where that is mentioned by brand,
  etc. in a specific exemptive ATF letter to that mfgr. Even if another brand is well-nigh identical,
  "ATF letters" (Tech Branch) granting permission/exemption on something are generally not
  regarded as "extendable" across makes etc. unless specifically worded that way.
• California has its own separate SBR laws. [Under fed law, the 'brace' is not a stock, etc. and
  thus a 'braced pistol' is NOT a prohibited Federal SBR; a stock on a pistol is Federally a no-no
  unless SBR tax stamp etc + conformance with state/local law.]
• California has no distinguishment between a 'brace' vs.a 'stock'. Neither is defined in CA
  statute nor regulation. ATF exemptive letters have no bearing on CA SBR law nor definitions.
  
  In fact, the text of some of the ATF exemptive letters might even aid a CA SBR prosecution!
• There is fair risk in a CA court, if charges brought, that a judge makes finding of fact that the
  'brace' is a stock in CA, aided by some cop or lab aide 'DA expert' discussing profiles/form factor
  vs. a std, for example, M4 stock, etc - along with the whole fleet of silly YouTube videos "lookit
  my legal SBR!" drama that will easily help that judge make the decision.
  
  If the brace is determined to be a stock, boom - you're a CA SBR violator.
• Please spare me the BS "I haven't heard anybody busted for it." The text of the law is good
  enough to show felony risk.
  
  Remember, it's perfectly legal to drive around with dead hookers in your trunk, too, if your tags are
  current and your taillights work OK 😋
• There IS an exemption to this: if your gun is papered as an NFA AOW - entirely possible even in
  CA! ... this IS exempt from *California's* SBR/SBS law [and is not a Fed SBR/SBS].
  
  This has been a longtime exemption back in the 12020(a)(8) PC days and the SBR exemption
  for AOWs is now relocated to PC 17710(a)...(c).
  
  You should fully acquire AOW status (tax stamp, etc.) before acquiring relevant brace parts or
  assembling them, to avoid any CA SBR 'constructive possession' risk.
• For those thinking they can skip the above with minimal risk, if you're ever in a position where
  you have multiple alleged violations (say, AW or something else) and you have a violation here
  your lawyer won't let you testify on your own behalf since you'll have to incriminate yourself on
  other matter.
  
  
  
  -Bill