ATF Sued by 25 States Over Pistol Brace Rule

West Virginia Attorney General Patrick Morrisey announces a lawsuit against the ATF over their new “stabilizing braces” rule, which reclassifies pistols with a stabilizing brace as short-barreled rifles, subject to stricter regulation, taxation and federal registration.

The rule, finalized on January 13th, 2023 and officially published in the Federal Register on January 31st, has come under scrutiny from gun rights groups and 2nd Amendment advocates, who have criticized both the constitutionality of the rule and the manner in which it was implemented. The rule was issued by the Department of Justice after being signed by Attorney General Merrick Garland, without a new act of Congress.

The federal lawsuit was filed by 25 state attorneys general, as well as the Firearms Regulatory Accountability Coalition, SB Tactical (a brace manufacturer specifically cited by the ATF in their new rule), B&T USA (a firearms importer and manufacturer), and Richard Cicero, a wounded veteran who uses stabilizing braces.

Morrisey is leading the coalition in this particular suit, one of multiple filed against the ATF over the rule in recent weeks. The announcement was made at Bare Arms Indoor Range & Training Center in Huntington, West Virginia, where the Attorney General was joined by members of multiple 2nd Amendment advocacy groups, including the NRA, the West Virginia Citizens Defense League, and Gun Owners of America.

Link to the full text of the court filing - https://dojmt.gov/wp-content/uploads/Complaint-c1.pdf

Link to the full text of the ATF’s rule in the Federal Register - https://www.federalregister.gov/documents/2023/01/31/2023-01001/factoring-criteria-for-firearms-with-attached-stabilizing-braces