PISTOL BRACE RULE
NEWS REPORTS
Democrat Judge Exempts NRA Members From New Gun Rule
Newsweek
April 2, 2024
A Democratic-appointed judge recently barred a federal agency from enforcing a pistol brace rule for millions of members of the National Rifle Association (NRA) as the appeals process continues.
U.S. District Judge Sam Lindsay, who was appointed by former President Bill Clinton in 1998, sided with the gun rights group in a ruling handed down on Friday. Last year, the NRA filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which argued that the agency's measure introduced last year to reclassify the pistols equipped with braces as short-barreled rifles is unconstitutional.
The federal judge said in the ruling that the Fifth U.S. Circuit Court of Appeals had already concluded that the ATF's pistol-brace rule "fails the logical outgrowth test and violates" the Administrative Procedure Act (APA) and is "unlawful" under the act, which dictates the process in which federal agencies develop and issue regulations.
Lindsay also agreed with the NRA's argument that its members would face irreparable harm under the new ATF pistol-brace rule. READ MORE
Big Win for NRA in Battle with Biden's ATF
Washington Examiner
April 2, 2024
The National Rifle Association has scored a big court victory in its fight with the administration over President Joe Biden’s push to target and punish owners of millions of AR-15-style “pistols.”
Late last week, a federal district court in Texas ruled that the gun group’s 4 million members do not have to comply with an order from the Bureau of Alcohol, Tobacco, Firearms and Explosives to register, modify, or destroy their firearms.
The decision followed other court rulings protecting the 3.7 million members of three other gun groups from the ATF action that abruptly changed the definition of rifles to include the AR pistols, among the most popular firearms in the country. Under the new rules, they will be taxed and registered.
“The NRA will continue to play offense against this unconstitutional rule,” says NRA interim EVP and CEO Andrew Arulanandam. “This is yet another example of the NRA fighting for its members — and protecting the constitutional freedoms in which they believe.” READ MORE
NRA Wins Block on New AT Pistol Classification Rule
Law360
March 29, 2024
A Texas federal judge handed the National Rifle Association of America a win in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives over a new rule that classifies pistols modified with braces as rifles, issuing an order Friday that bars the agency from enforcing the rule on NRA members.
U.S. District Judge Sam A. Lindsay found that NRA members would likely suffer substantial harm if the rule was kept in place. Friday's order bans the ATF and other agencies named in the lawsuit from enforcing the rule until the final resolution of the case on the merits.
"Both of the final requirements for injunctive relief are satisfied because the threatened injury to the NRA's members outweighs the threatened harm to the defendants, and enforcement of the final rule under the circumstances will not disserve the public interest," Judge Lindsay said in the Friday opinion. READ MORE
NRA Slaps Biden Admin with Lawsuit Over 'Unlawful' Pistol Brace Rule
Fox News
July 3, 2023
The National Rifle Association of America slapped the Bureau of Alcohol, Tobacco, Firearms and Explosives with a lawsuit over a rule that regulates stabilizing braces for pistols.
In a lawsuit filed Monday, the NRA aims to expose "the failings of the new rule – which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms."
"The NRA has ramped up its offense on this arbitrary and unconstitutional rule," NRA Executive Vice President & CEO Wayne LaPierre said. "We are confident in our ability to confront the ATF and [the Department of Justice] – and preserve freedom for NRA members." READ MORE
‘Arbitrary Attack’: NRA Moves To Shield Members From Biden Admin’s Pistol Brace Crackdown
The Daily Wire
June 7, 2023
The National Rifle Association on Wednesday moved to intervene in a legal challenge to the pistol brace rule being implemented under the Biden administration by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The Second Amendment rights organization filed a legal brief in a pending case in Texas to shield NRA members from the new policy that seeks to regulate pistols with stabilizing braces, according to a filing first obtained by The Daily Wire. READ MORE