Staff Reports
A group of 25 Attorneys General from various states in the US have teamed up to contest the recent decision made by the Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Merrick Garland regarding the “stabilizing” brace regulation. The regulation, which was announced in January, negates previous directives on pistol braces and defines a rifle as any weapon “created or modified, made or remade, and intended” meant to be fired from the shoulder. This means that pistol brace owners would have to classify their pistols as short-barrel rifles and register them with the federal government.
A coalition of attorneys general from 25 states filed a lawsuit the Federal Government over ATF pistol brace final rule https://t.co/qnurul0kvL
— Daily Caller (@DailyCaller) February 10, 2023
A lawsuit has been filed in the United States District Court for the District of North Dakota, together with several Second Amendment advocacy groups, challenging the ATF’s pistol brace rule. The rule allegedly imposes more rules, including greater taxes, extended waiting times, and licensing, according to the complaint. It further asserts that the rule is “arbitrary and capricious.” West Virginia Attorney General Patrick Morrisey spoke out on the matter, stating, “Let’s call this what it is: an attempt to restrict Americans’ Second Amendment rights. This is a terrible final rule that turns millions of popular gun modifications into ‘short-barreled rifles.’ This rule makes no sense at all.”
The coalition stressed that under the new regulation, everyone who employs stabilizing braces with “99% of firearms” must adhere to the National Firearms Act, necessitating the application of a permit, payment of a tax, and compliance during the next 4 months from owners of such weapons. This would pose a significant challenge, particularly for those who use stabilizing braces to reduce recoil, such as elderly individuals, those with restricted movement, and persons with smaller build types. Morrisey expressed his concerns, saying, “We shouldn’t make it more difficult for elderly people, persons with impairments, and many handicapped veterans to protect themselves. I’ll keep advocating for everyone in West Virginia’s constitutional right to bear arms under the Second Amendment.
The complaint also claims that by enacting the new rule, the ATF breached the separation of powers concept. Morrisey commented on this, saying, “This is also another case of a federal agency not staying in its lane and doing the job the Constitution clearly delegates to Congress—writing laws. The Separation of Powers clearly bars federal agencies from making new laws without Congressional directive.”
Ken Paxton, Texas Attorney General, also took legal action to challenge the ATF on Thursday, claiming that the pistol brace rule is a violation of Second Amendment rights and fundamentally contravenes the Constitution. He stated, “This is yet another attempt by the Biden Administration to create a workaround to the U.S. Constitution and expand gun registration in America. This rule is dangerous and unconstitutional, and I’m hopeful that this lawsuit will ensure that it is never allowed to take effect.”
A group of 25 Attorneys General from across the US have united to dispute the ATF’s recent pistol brace regulation, claiming that it could infringe on Second Amendment rights. The regulation, they argue, imposes additional requirements such as increased taxes, extended waiting times, and registration, making it challenging for people with disabilities or small stature to defend themselves. The lawsuit further accuses the ATF of acting beyond its power by enacting the new rule without Congressional authorization, violating the principle of Separation of Powers. Texas Attorney General Ken Paxton has filed a separate legal action against the ATF to prevent the implementation of the rule. At present, U.S. Attorney General Merrick Garland has not responded to any comment requests regarding this issue.
The preceding article is a summary of an article that originally appeared on The Daily Caller
