As a law-abiding citizen, it is important to know how changing the features of a firearm will affect its classification. Failure to comply with federal firearms laws can result in fines, jail time, and loss of the right to keep and bear arms.
Below we demonstrate various classifications of the MP5 platform. Note, the "pistol" and "pistol with stabilizing brace" configurations are both legal at the time of this writing without registration under the National Firearms Act (see our section below on the Stabilizing Brace Controversy for more information, as there are limitations on the stabilizing brace configuration). The SBR and AOW configurations require registration under the National Firearms Act, and purchase of a tax stamp.
The least legally controversial of the PDWs is the pistol without an attached stabilizing brace. The user may employ a sling and use the push/pull method to stabilize the weapon when firing, or simply rely on two-handed firing.
The pistol with attached stabilizing brace enables the user to stabilize the gun against their forearm or cheek instead of their shoulder.
According to the National Firearms Act, a rifle is designed and intended to be fired from the shoulder, and is therefore equipped with a stock. A rifle with a barrel length of less than 16 inches is considered a short-barreled rifle (SBR); it must be registered with the ATF, and the user must pay $200 for a tax stamp on that firearm.
The ATF classifies weapons that don't neatly fall into legal categories as "AOWs", or Any Other Weapons. In the context of PDWs, AOWs will likely take the form of either a pistol with a vertical forward grip, or a shotgun that comes from the factory with a pistol grip and extremely short barrel. AOWs require registration under the National Firearms Act, and a $5 tax stamp. For more information, Silencer Central has an excellent article on the topic HERE.
Legalities around carrying firearms vary widely from one state to the next. Concealed carry of pistols is legal in many jurisdictions, but rifles often don't have the same protections. For example, some states require that a rifle be either openly carried or stored unloaded in the trunk of a vehicle. In those jurisdictions, it may be illegal to discreetly carry a SBR in a PDW bag.
<--- AR15.com has produced this handy comparison of firearm classifications based on how the weapon is configured. While the stabilizing brace situation is in limbo, all other aspects of the comparison are accurate at the time of this writing.
When it was first introduced in 2012, the ATF affirmed that the stabilizing brace was different than a stock, and therefore did not change the classification of the weapon from pistol to SBR. Over the next decade it issued numerous contradictory findings. For example, in one case they stated that if a user shouldered a pistol with a stabilizing brace, it would reclassify the weapon as an SBR. That finding was later retracted.
In 2023 the ATF moved to change federal law in an attempt to redefine SBRs to include pistols equipped with stabilizing braces. This move has been legally challenged by a host of firearms advocacy groups for various reasons, including violations of the 2nd and 5th Amendments, the Administrative Procedure Act, the Firearm Owners Protection Act, and other concerns. Multiple courts have issued preliminary injunctions against adoption of the ATF's new rule pending outcome of the lawsuits, due to the fact that the plaintiffs (the firearm advocacy groups) are likely to succeed on the merits of their cases. Consequently, at the time of this writing it is still legal for citizens covered under the issued injunctions to own and use pistols with attached stabilizing braces.
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