Biden’s plan to go after pistol stabilizing braces hit with lawsuits from 26 states

A group of red states and advocates from the firearms industry have sued over the Biden administration’s move to ban pistol stabilizing braces, arguing it runs afoul of federal law.

The lawsuits accuse Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives of inexplicably changing the classification of pistols with stabilizing braces in a bid to expand federal gun-control powers.

“With approximately 40 million braced pistols in circulation, this is undoubtedly the biggest gun grab in the tyrannical history of gun control. Now millions of Americans nationwide have less than 120 days to destroy or register their guns or face felony charges. This arbitrary ATF rule will do nothing to crack down on the out-of-control crime in cities across the country, and will instead criminalize millions of law-abiding Americans,” said Aidan Johnston of Gun Owners of America, a plaintiff in the lawsuit filed in Texas.

A stabilizing brace, also known as a pistol brace or an arm brace, is a device attached to the back of a pistol similar to a buttstock that helps the shooter control the firearm. It is a relatively new invention designed to help disabled veterans to shoot pistols at firing ranges, though it grew in popularity among firearm enthusiasts.

ATF and the Justice Department are currently implementing a rule that would characterize any pistol with a stabilizing brace as subject to the National Firearms Act, which imposes a tax and requires registration of specific guns such as shotguns and rifles with barrels less than 18 inches long. The proposed change would require every owner of a stabilizing brace to pay a $200 fee and submit their name and other identifying information to the Justice Department.

Gun control advocates said the rule was long overdue.

“We support and commend the ATF for upholding a law that has been in place for nearly a century by preventing manufacturers from erroneously misbranding these accessories that are designed to turn pistols into weapons of war,” said the gun control group Brady United. “Short-barreled rifles have been heavily regulated since the 1930s because high-powered rifles that can be easily concealed are a recipe for disaster. These weapons remain a threat today and their enhanced lethality makes them appealing to mass shooters.”

The lawsuit filed in federal court in Texas by Attorney General Ken Paxton, which included Gun Owners of America, argued that the ATF rule runs afoul of the Second Amendment.

Another federal lawsuit was filed in North Dakota against Mr. Garland. It accused Mr. Garland and the ATF of failing to justify the reversal of more than a decade of regulatory precedent that stabilizing braces do not alter the classification of a pistol.

The North Dakota lawsuit claims the change would call for the destruction or forfeiture of over 750,000 firearms and will cost the private sector somewhere between $2 billion and $5 billion.

“Let’s call this what it is: an effort to undermine Americans’ Second Amendment rights,” said West Virginia Attorney General Patrick Morrisey, who joined 24 other states in the lawsuit. “This is an egregious final rule turning millions of common firearms accessories into ’short-barreled rifles.’ This is a completely nonsensical regulation.”

“This is part of the continued attack by the Biden administration against lawful gun owners,” he added.

The National Rifle Association said the new rule is arbitrary and lets the ATF decide on a case-by-case basis when 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 at the NRA’s Institute for Legislative Action.

The plaintiffs in the North Dakota lawsuit include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia and Wyoming.

Also joining the lawsuit are the Firearms Regulatory Accountability Coalition, a nonprofit firearms trade group, and SB Tactical, a limited liability company manufacturing stabilizing braces.

ATF said it could not comment on pending litigation.

• Kerry Picket contributed to this story.