ATF Rule to Regulate Pistol Braces Likely Illegal, Federal Appeals Court RulesMadeline Leesman
August 03, 2023
A rule implemented by the Biden administration meant to require registration of pistol stabilizing braces is likely illegal, the 5th U.S. Circuit Court of Appeals in New Orleans ruled Tuesday.
A 2-1 panel found that the Biden administration’s rule is invalid under the federal Administrative Procedure Act, according to a report from Reuters. The panel did not block enforcement of the rule, but sent the case back to U.S. District Judge Reed O’Connor in Texas.
The lawsuit was brought forward by the Firearms Policy Coalition. The organization’s lawyer, Cody Wisniewski, called the ruling “a huge win for peaceable gun owners across the nation.”
As Townhall covered, a pistol brace, also known as a stabilizing brace, is a device attached to the rear of a firearm that allows the weapon to be fired one-handed. Once Biden became president, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced a new rule that would reverse a decade-long policy that permitted the use of pistol braces. The new rule determined that pistols with a stabilizing brace would be reclassified as “short-barreled rifles” and that existing pistols with braces be registered with the federal government.
In June, the White House announced that Biden would veto any resolution led by congressional Republicans that would protect Americans’ access to pistol braces. In a statement, the White House Office of Management and Budget blamed pistol braces for “mass carnage” at several shootings (via the White House):
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Source:
https://townhall.com/tipsheet/madelineleesman/2023/08/03/pistol-brace-lawsuit-n2626535
