As we noted earlier, three injunctions currently protect the members of GOA, FPC and SAF from enforcement under the ATF’s new pistol brace rule that effectively bans almost all use of the accessories. The rule went into effect June 1 and, predictably, very few brace owners elected to comply with the law during the designated “amnesty” period.
Now, the National Association for Gun Rights and the National Rifle Association have moved to protect their members as well. If successful, that would add millions more Americans to the roster of those protected from the ATF’s enforcement efforts.
Yesterday, NAGR filed suit in Texas against the ATF in conjunction with the Wisconsin Institute for Law and Liberty and Texas Gun Rights. NAGR issued the following press release . . .
Today, the Wisconsin Institute for Law & Liberty (WILL) filed a new federal lawsuit against the Biden Administration on behalf of gun owners across America in coordination with National Association for Gun Rights (NAGR) and Texas Gun Rights (TXGR).
The lawsuit argues that the new rule usurps Congressional authority by significantly expanding the definition of “rifle” under federal law, imposing potential criminal liability on millions of Americans exercising their Second Amendment rights.
“Biden’s ATF is a rogue entity, making rules that plainly violate the Constitution. Their rule on pistol braces has turned millions of gun owners into felons, overnight,” said Dudley Brown, President of the National Association for Gun Rights. “We’re taking legal action to rein the ATF in and restore the rights of our members. We are pleased to partner with WILL to do just that.”
WILL Deputy Counsel, Lucas Vebber stated, “The Biden Administration cannot ignore Congress and this rule is a clear violation of separation of powers and a violation of the Constitutional rights of all Americans. Now that the ATF’s rule is in effect, it’s critical that we act.”
“The ATF are acting like foot soldiers for the anti-gun Biden administration. Their abuse of power is both unconscionable and unconstitutional. Texas Gun Rights looks forward to overturning their draconian rule,” said Chris McNutt, President of Texas Gun Rights.
The Congressional Research Service estimates 10 to 40 million stabilizing braces are currently in circulation. The ATF says only 250,000 have been registered as of the May 31st deadline.
The NRA took a different approach. They’ve petitioned the court to join the Second Amendment Foundation’s lawsuit as a named plaintiff, a move SAF welcomed today with this announcement . . .
The Second Amendment Foundation today said it welcomes the National Rifle Association’s request to join in a federal lawsuit filed by SAF and its associates in a challenge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new “arm brace rule.”
NRA announced the effort Wednesday on its website, explaining the move was to obtain injunctive relief for its members to stop the ATF from enforcing its new rule – which totally reversed the agency’s previous position that pistol braces did not convert pistols into short-barreled rifles, making them subject to regulation under the 1934 National Firearms Act. The case is known as SAF, et.al. v. ATF, et. al.
On May 31, U.S. District Judge Jane J. Boyle in the Northern District of Texas, Dallas Division, confirmed the scope of a preliminary injunction she had issued in the case applied not only to SAF, but its members as well. “The Court confirms that its Preliminary Injunction Order applies to both the Second Amendment Foundation, Inc. and its members.”
The NRA announcement confirmed the organization “is going to court to obtain preliminary, and ultimately permanent, injunctive relief restraining Defendants from enforcing the ‘Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’ (the “Final Rule”) against law-abiding NRA members.”
“We welcome the NRA’s motion to join in our lawsuit,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If their motion is granted—and we certainly have no objection—it will mean more American gun owners will enjoy the same protection SAF members were granted under Judge Boyle’s preliminary injunction order. It only makes sense NRA would want the same protection for its members.”
SAF is joined in the case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas.
“We’re in this for the long haul, and we intend to win,” Gottlieb said. “SAF has become a recognized leader in Second Amendment litigation since our 2010 Supreme Court victory in McDonald v. City of Chicago. We’re serious in our intent to win back firearms freedom one lawsuit at a time.”
SAF offers several different tiers of memberships which are available at https://www.saf.org/join-saf/. Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon date of receipt.
For questions regarding membership, please contact [email protected].
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