Explore The NRA Universe Of Websites

NRA Challenges ATF Brace Rule

Thursday, February 9, 2023

NRA Challenges ATF Brace Rule

Fairfax, Va. - The National Rifle Association announced today the filing of an NRA-backed and supported lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) unlawful rule on stabilizing braces.

“ATF’s new definition for stabilizing braces is arbitrary. The bureau is declaring that they will effectively decide on a case-by-case basis whether a firearm is subject to the NFA. Every American gun owner is in danger of potentially facing felony charges at the whim of these bureaucrats and without any new statute in place. The NRA believes this rule will fail for the same reasons the bump stock rule failed — ATF can only apply federal statutes; it can’t rewrite them,” said Jason Ouimet, executive director, National Rifle Association Institute for Legislative Action.

Stabilizing braces were designed to enable gun owners to operate certain firearms with one hand with more stability. The ATF’s new rule says, essentially, that using a stabilizing brace with a pistol turns the firearm into a short-barreled rifle and must now be regulated by the National Firearms Act (NFA) — which means they’d be subject to registration, additional taxation, and long wait times for approval due to ATF’s lengthy NFA processing times. Because of this rule, the millions of Americans who own a pistol and a stabilizing brace, regardless of style or caliber or type of brace, must either dispose of, alter, or register their firearms. If they don’t comply, they will become felons and face 10 years in prison and large fines.

According to the Congressional Research Service, there are currently between 10 and 40 million stabilizing braces in circulation.

The primary problem with the new rule is the lack of a clear definition of what is actually being regulated. The language gives ATF the unmitigated power to decide on a case-by-case basis which firearms are and are not regulated.

“This rule demonstrates a clear abuse of power by the ATF,” Ouimet said. “They’re clearly carrying out the Biden Administration’s anti-gun agenda and it’s got to stop. The NRA is putting its full weight behind fighting this unlawful rule.”

The case is captioned Firearms Regulatory Accountability Coalition, Inc., v. Merrick Garland and was filed in the United States District Court for the District of North Dakota. Other plaintiffs are: SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and a coalition of 25 states led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, also including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wyoming.

TRENDING NOW
Biden’s ATF Runs Wild in His Waning Days, Targets Second Amendment Activist

News  

Monday, January 6, 2025

Biden’s ATF Runs Wild in His Waning Days, Targets Second Amendment Activist

Joe Biden is less than three weeks away from retiring as arguably the worst president of the modern era. 

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

News  

Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear Challenge to California Gun Show Restrictions

Friday, January 3, 2025

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear Challenge to California Gun Show Restrictions

Yesterday, the NRA filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a challenge to California laws that effectively ban gun shows held on state property.

Illinois: Gun Seizure Mandate Inserted Into Bill, Take Action Now!

Monday, January 6, 2025

Illinois: Gun Seizure Mandate Inserted Into Bill, Take Action Now!

Gun control advocates are taking advantage of the lame duck session to pass a gun seizure mandate with little time for public input or debate. Contact your senator using the take action button below and urge ...

Colorado: Anti-Gun Legislators Prepare Latest Attempt at "Assault Weapon" Ban

Monday, January 6, 2025

Colorado: Anti-Gun Legislators Prepare Latest Attempt at "Assault Weapon" Ban

As the Colorado State Legislature prepares to begin the 2025 session this coming Wednesday, anti-gun legislators have already started working on a new semi-automatic firearm ban.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

News  

Monday, December 23, 2024

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

The U.S. government manages approximately 28% of the nation’s landmass for purposes that include preservation and development of natural resources and outdoor recreation. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.