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

250 Beauty Lede
250 Beauty Lede

#SundayGunday: Winchester 250th Anniversary Ammunition

On this week's #SundayGunday, we’re taking a walk down memory lane, celebrating Winchester Ammunition and its salute to the greatest 250 years a country has ever lived. This limited-edition run of USA 250th Anniversary Edition ammunition pays homage to the red-blooded Americans who sacrificed themselves for the betterment of a nation.

What Summer Buck Sightings Tell Us

Dreaming of fall? Here are some things to look for during your summertime scouting.

One Out of Every Four Hunters Won’t Hunt in 2026

One out of every four hunters who hunted the 2025 season will not hunt in 2026. That startling statistic was arrived at by Southwick Associates after conducting a survey of 28,447 hunters in 20 states.

Says You: Sightseeing on a Hunt?

Editor-in-Chief Scott Olmsted's monthly response column to questions posed by our members. This time, we're discussing hunting practices and traditions, and making some long-distance connections.

First Look: CVA Cascade SR

CVA has announced the Cascade SR. This suppressor-ready version of the company's standard Cascade, is built for hunters who need a compact, maneuverable rifle.

Fueled by AI: Boone and Crockett Club Launches Big Game Records Live 2.0

The Boone and Crockett Club recently launched Big Game Records Live 2.0, a major evolution of its digital platform that transforms the world’s oldest big game records database into an interactive analytics tool for hunters.

Interests



Get the best of American Hunter delivered to your inbox.