Fairfax, Virginia – The National Rifle Association today announced the filing of a lawsuit backed and endorsed by the NRA challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) illegal rule on stabilizer braces.
“ATF’s new definition for stabilizer braces is arbitrary. The office states that it will effectively decide on a case-by-case basis whether a firearm is subject to the NFA. All American gun owners risk facing possible felony charges at the whim of these bureaucrats and without any new statute being established. The NRA believes this rule will fail for the same reasons the shotgun rule failed: ATF can only apply federal statutes; you can’t rewrite them,” said Jason Ouimet, executive director of the National Rifle Association’s Institute for Legislative Action.
Stabilizer clamps were designed to allow gun owners to operate certain firearms with one hand with more stability. The new ATF rule essentially says that the use of a stabilizer clamp with a pistol converts the firearm to a short-barreled rifle and must now be regulated under the National Firearms Act (NFA), which means you would be subject to registration, additional taxes, and long wait times for approval due to ATF’s long NFA processing times. Because of this rule, the millions of Americans who own a handgun and stabilizer brace, regardless of the style, caliber, or type of brace, must dispose of, modify, or register their firearms. If they do not comply, they will become criminals and face 10 years in prison and large fines.
According to the Congressional Research Service, between 10 and 40 million stabilizing orthotics are currently in circulation.
The main problem with the new rule is the lack of a clear definition of what is actually regulated. The language gives ATF the absolute power to decide on a case-by-case basis which firearms are and are not regulated.
“This rule demonstrates a clear abuse of power by the ATF,” Ouimet said. “They are clearly carrying out the anti-gun agenda of the Biden Administration and it has to stop. The NRA is throwing its full weight behind the fight against this illegal rule.”
The case is titled Firearms Regulatory Accountability Coalition, Inc., v. Merrick Garland and appeared in the United States District Court for the District of North Dakota. Other plaintiffs include: SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and a 25-state coalition led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, which also includes 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.
About the National Rifle Association
Established in 1871, the National Rifle Association is the oldest sports and civil rights group in the United States. With more than five million members, the NRA continues its mission to uphold Second Amendment rights and is a leader in firearms education and training for law-abiding gun owners, law enforcement, and the military. Visit http://nra.org.