FRAC and 25 States Challenge ATF Rule on Pistol Braces

The Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, Rick Cicero, and 25 States have filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) challenging the legality of a new ATF rule that reverses a decade of ATF agency precedent. That radical ATF rule would retroactively mandate the burdensome and costly registration of millions of pistols equipped with stabilizing braces, contrary to federal statutes enacted by Congress.

“The ATF has placed millions of law-abiding firearm owners in legal jeopardy”, notes Jeff Creamer, president and CEO of SB Tactical. “It’s a gross overreach of the Bureau’s authority and, if allowed to stand, will result in the largest gun registration scheme in U.S. history.”

The new ATF rule lacks a clear definition of what is actually being regulated. The language gives ATF the power to decide on a case-by-case basis which firearms are and are not regulated. READ NRA-ILA Analysis.

“The 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 of the NRA Institute for Legislative Action.

“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”.

About Stabilizing Braces
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 the United States.

FRAC is Lead Plaintiff with Coalition of 25 States
The lawsuit challenging the ATF policy is Firearms Regulatory Accountability Coalition, Inc (FRAC)., v. Merrick Garland and was filed in the U.S. District Court for the District of North Dakota.

Along with FRAC, 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.