EXCLUSIVE: Sen. Blackburn, Congressional Republicans File Amicus Brief Challenging ATF Pistol Brace Rule

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Henry Rodgers Chief National Correspondent
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Republican Tennessee Sen. Marsha Blackburn filed an amicus brief that states the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new pistol brace rule infringes on the Second Amendment.

The Daily Caller first obtained the briefing, which was officially filed Feb. 27 in the United States District Court for the District of North Dakota. Blackburn was joined by thirteen Republican Senators and dozens of House Republicans to fight the ATF after they enacted a rule that would make pistol stabilizing braces illegal for anyone without a certain license.

The rule would make gun owners face the possibility of being charged with a felony if they do not register their firearms with the stabilizing braces.

In the amicus brief, the lawmakers contend that the rule was never authorized by Congress and violates separation of powers principles.

“The Second Amendment is non-negotiable and applies equally to all law-abiding adult citizens – including veterans and disabled individuals who need assistance to exercise their rights,” Blackburn said in a statement to the Caller before filing the briefing.


(DAILY CALLER OBTAINED) — … by Henry Rodgers

“The ATF does not have the constitutional authority to circumvent Congress and deny certain individuals that guaranteed freedom. Their new pistol brace rule is textbook bureaucratic overreach, and my colleagues and I urge the Court to vacate it,” she added. (RELATED: EXCLUSIVE: Sen. Roger Marshall Reintroduces Legislation To Roll Back ATF’s New Pistol Brace Rule)

Other House Republicans have called to abolish the ATF entirely over this rule. (RELATED: Matt Gaetz Calls To Abolish The ATF After Agency Issues Rule Allegedly Making It Harder For Certain People To Buy Guns)

In September 0f 2022, Republican Kansas Sen. Roger Marshall introduced legislation that would protect Americans’ second amendment rights from the ATF registry for firearms with stabilizing braces.

Democrats are working on passing legislation that would stop gun trafficking, ban the import, sale, manufacture, transfer or possession of high-capacity magazines, raise the purchase age for certain rifles from 18 to 21 and promote safer storage of guns.