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NRA Scores Victory Against Biden’s ATF

Biden SOTU 2024

Wikimedia Commons/Public/Office of the President of the United States

Eireann Van Natta General Assignment Reporter
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The Eighth Circuit Court of Appeals vindicated gun rights activists and delivered a win for the National Rifle Association’s (NRA) legal arm on Friday, labeling the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) rule on stabilizing braces “arbitrary and capricious.”

The NRA Institute for Legislative Action (ILA) supported the case titled Firearms Regulatory Accountability Coalition, Inc. v. Garland. It reversed an order that denied the plaintiffs a preliminary injunction, concluding the Coalition will likely succeed with its “arbitrary-and-capricious challenge.”

The plaintiffs consisted of a coalition of 25 states, the Firearms Regulatory Accountability Coalition, SB Tactical, B&T USA, LLC and an individual.

The decision concerned the ATF’s “Final Rule” which requires pistols with stabilizing braces to be subject to the National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968. The Final Rule considers pistols with stabilizing braces “short-barreled rifles” which are regulated by the NFA/GCA. (RELATED: Trump-Appointed Judge Halts Biden ATF Rule Changing Definition of ‘Firearms Dealer’)

“Once again, the judicial branch has correctly reined in unlawful rulemaking by the ATF,” Randy Kozuch, Executive Director of the NRA Institute for Legislative Action, said in a statement to the Caller. “The NRA is proud to support this challenge brought by FRAC and SB Tactical to further protect the Second Amendment rights of peaceable Americans.”

In NRA v. ATF, the U.S. District Court for the Northern District of Texas granted the NRA a preliminary injunction and enjoined the ATF from enforcing the Final Rule against NRA members.

Biden’s pistol brace rule went into effect on Jan. 31, 2023 and mandated individuals with stabilizing-brace-equipped pistols to register their firearm within 120 days. Alternatively, they could also destroy the firearm, remove or “alter” the brace, replace the existing barrel with one 16 inches or longer or turn the firearm into the ATF.

Those who fail to comply could face up to 10 years in prison and up to a $10,000 fine, according to the Final Rule.

Republican Reps. Richard Hudson of North Carolina and Andrew Clyde of Georgia introduced legislation in March 2023 to repeal the ATF’s pistol brace rule.

“This rule is a blatant overreach by the ATF and jeopardizes the rights of law-abiding gun owners, including disabled veterans across the country,” Hudson stated in a press release.

The resolution to repeal the Biden administration’s rule passed the House last year, with nearly all Republicans in support of the measure and all but two Democrats voting against it.

The Caller reached out to the ATF for comment but has not heard back yet.