The Fifth U.S. Circuit Court of Appeals ruled last week that a Biden Administration regulation targeting stabilizing braces for firearms is likely illegal.
The court sent the case back to a district judge for review, because of the likely unconstitutionality of the regulation by the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF), which is requiring people to register those accessory braces if they are attached to guns.
Stabilizing braces, also known as pistol braces, improve the stability of handguns by allowing them to be fired from the shoulder. In January, the ATF reclassified guns equipped with these braces as rifles requiring registration. Only a fraction of Americans have complied with the ATF’s registration rules for pistol braces.
Americans who possess firearms with stabilizing braces were given several options by the ATF earlier this year, including registering their weapons, modifying or disposing of the braces, handing the firearm over to the ATF, or facing potential criminal charges.
The ATF’s decision sparked strong opposition from gun rights groups, and the Firearms Policy Coalition challenged the regulation in court, winning the appeal last week because the public did not have adequate time to weigh in on the regulation. Failure to seek public input is a violation of the Administrative Procedure Act.
Judge Jerry Smith, who authored the majority opinion, noted that ATF did have a public comment period in 2021, but the final regulation is completely different from the initial proposal, essentially blindsiding the public. The court, ruling 2-1 in favor of the Firearms Policy Coalition, raised concerns that the ATF regulation might infringe upon Americans’ Second Amendment right to bear arms.
Cody Wisniewski, the attorney for the Firearms Policy Coalition, hailed the ruling as “a huge win for peaceable gun owners across the nation.”
The court’s decision ensures that the preliminary injunction against the ATF’s pistol brace rule remains in effect, preserving the status quo until the district court reevaluates the case within the next 60 days.
In February, Alaska Attorney General Treg Taylor signed onto a lawsuit to push back on the ATF for its onerous regulations relating to pistol braces.
Taylor joined a coalition of 24 states in a lawsuit against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
