NRA Sues ATF Over Pistol Brace Rule, Challenging Constitutionality

Created: JANUARY 27, 2025

The National Rifle Association (NRA) has initiated legal action against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concerning a regulation impacting stabilizing braces for pistols. Filed on Monday, the lawsuit contends that the rule unjustly penalizes law-abiding firearm owners with potential fines and imprisonment for using legal plastic stabilizing braces.

NRA Executive Vice President & CEO Wayne LaPierre expressed confidence in their legal challenge against the ATF and Department of Justice, emphasizing the NRA's commitment to protecting members' freedoms. This lawsuit follows previous actions by the NRA, including submitting opposing comments to the rule, filing a motion to intervene in a related case, and supporting a lawsuit filed by state attorneys general in North Dakota.

man looking at rifle on wall at NRA convention

Pistol braces, designed to aid one-handed firing and often used by disabled veterans, are now categorized as short-barreled rifles under the ATF rule, necessitating a federal license for ownership. The NRA's complaint argues that this rule is unconstitutional, as it contradicts the ATF's previous stance on pistol braces not transforming pistols into rifles requiring registration and taxation under the National Firearms Act.

man inspects gun at event

The NRA seeks a preliminary and permanent injunction from a Texas district court to prevent the ATF from enforcing the rule against its members. The lawsuit also names ATF Director Steven Dettelbach and U.S. Attorney General Merrick Garland as defendants. The rule, initially announced in January 2023 and set to take effect on June 1, 2023, has already faced legal challenges from gun rights groups and the state of Texas, resulting in preliminary injunctive relief. The NRA, representing approximately 350,000 members in Texas, aims to secure similar relief for its members who face potential repercussions from the rule.

woman holds handgun at display case

The complaint highlights the detrimental impact on NRA members, who face choices between modifying their firearms, destroying them, registering them, or surrendering them to avoid criminal prosecution. William A. Brewer III, counsel to the NRA, reiterated the organization's commitment to defending its members' constitutional freedoms and expressed confidence in their legal pursuit. A resolution passed by the House of Representatives with bipartisan support seeks to overturn the ATF's rule and prevent its reintroduction. The resolution's fate now rests with the Senate, where its passage faces uncertainty. Even if passed by the Senate, a presidential veto is anticipated, requiring a two-thirds majority vote in both chambers to override. The ATF declined to comment on the ongoing litigation.

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