NRA Challenges ATF Brace Rule

by
posted on February 10, 2023
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
Nra Logo Lead

Your National Rifle Association has announced the filing of an NRA-backed and supported lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) unlawful rule on stabilizing braces.

“ATF’s new definition for stabilizing braces is arbitrary. The bureau is declaring that they will effectively decide on a case-by-case basis whether 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, National Rifle Association Institute for Legislative Action.

Stabilizing braces were designed to enable gun owners to operate certain firearms with one hand with more stability. The ATF’s new rule says, essentially, that using a stabilizing brace with a pistol turns the firearm into a short-barreled rifle and must now be regulated by the National Firearms Act (NFA) — which means they’d be subject to registration, additional taxation, and long wait times for approval due to ATF’s lengthy NFA processing times. Because of this rule, the millions of Americans who own a pistol and a stabilizing brace, regardless of style or caliber or type of brace, must either dispose of, alter, or register their firearms. If they don’t comply, they will become felons and face 10 years in prison and large fines.

According to the Congressional Research Service, there are currently between 10 and 40 million stabilizing braces in circulation.

The primary problem with the new rule is the lack of a clear definition of what is actually being regulated. The language gives ATF the unmitigated power to decide on a case-by-case basis which firearms are and are not regulated.

“This rule demonstrates a clear abuse of power by the ATF,” Ouimet said. “They’re clearly carrying out the Biden Administration’s anti-gun agenda and it’s got to stop. The NRA is putting its full weight behind fighting this unlawful rule.”

The case is captioned Firearms Regulatory Accountability Coalition, Inc., v. Merrick Garland and was filed in the United States District Court for the District of North Dakota. Other plaintiffs are: SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and a coalition of 25 states led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, also including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wyoming.

Latest

LEDETICO 6
LEDETICO 6

New for 2026: ATN TICO 6 Thermal Clip-On

ATN Corp. has announced it's TICO 6 Thermal Clip-On, a next-generation thermal clip-on designed for hunters looking for a thermal upgrade to their favorite daytime scope.

Tips & Tactics: Hone Your Tiny-Tract Turkey Skills

Different is good despite what peers and friends may say about your contradictory ways. Staying the course as different could be your key strategy when hunting a small property for turkeys this spring. Curveball tactics, unexpected pop-ins and tossing time-honored tactics all could flow in your favor while hunting a tiny tract for turkeys.

First Look: Bond Arms 250th Anniversary Hand Cannon

Bond Arms has introduced its America 250th Special Edition Hand Cannon, a limited-edition heirloom created to commemorate the 250th Anniversary of American Independence.

#SundayGunday: Big Horn Armory Model 89 Take Down

There’s no denying lever-action rifles have a hold on American shooters. They have a storied history with modern application, and simply put, they are just cool. On this episode of American Hunter’s Sunday Gunday, we’re taking a closer look at a lever action rifle that adds to that appeal a big-bore 500 Smith and Wesson chambering, and the ability to be taken down into two parts for easy transport: The Model 89 500 S&W Take Down from Big Horn Armory.

Time to Apply for Pennsylvania Elk

This year, the window to apply for Pennsylvania's elk season starts on May 1 and goes to July 12.

Free Chance to Win One of 200 Suppressors

Silencer Central has launched Silencer Central’s 100 Days of Silence, a daily giveaway that will award 200 suppressors over 100 consecutive days. The campaign, which is the largest suppressor giveaway ever staged in the United States, began April 17 and runs through July 25, 2026.

Interests



Get the best of American Hunter delivered to your inbox.