Attorney General Jeff Landry Joins Suit Challenging the Biden Administration’s Attack on our Second Amendment Rights
Stabilizing braces were designed to enable gun owners to operate AR-style pistols with one hand with more stability. For many years, the ATF has determined that placing a stabilizing brace on one’s AR-style pistol did not constitute converting the pistol into a short-barreled rifle. Millions of law-abiding American citizens own them. However, after years of this interpretation, the ATF reversed its position (under the Biden Administration) and now 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.
A large group of affected individuals, including Louisiana, have filed a case entitled, Firearms Regulatory Accountability Coalition, Inc., v. Merrick Garland. The suit 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.
Defending our Second Amendment, Louisiana Attorney General Jeff Landry joined Louisiana to the 24-state lawsuit against U.S. Attorney General Merrick Garland; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and its director that seeks to block a new ATF rule governing pistol braces.
The Biden rule Factoring Criteria for Firearms with Attached Stabilizing Braces indicates that when manufacturers, dealers, and individuals pair stabilizing braces with 99% of pistols, they must comply with the laws that heavily regulate the pistol as a short-barreled rifle, including the National Firearms Act.
“With crime rising and citizens relying upon their gun rights even more, the Biden Administration is once again looking to make it more difficult for law-abiding citizens to protect themselves,” said Attorney General Landry. “This latest attack means Americans using a stabilizing brace would now have to apply for a permit with the ATF within four months, pay a tax, and face restrictions on future transfer of the brace.”
“Stabilizing braces were designed to help people with disabilities use pistols; and now they are used by many older people, people with limited mobility, disabled veterans, and people in smaller stature,” explained Attorney General Landry. “Lawful gun owners use stabilizers to prevent some recoil when firing and to help with accuracy.”
“Like it has done with so many other unlawful Biden edicts, I trust the federal courts will enjoin the ATF from enforcing this rule and declare it unlawful,” concluded Attorney General Landry. “I will continue doing all that I can to defend our constitutional rights.”
A copy of the lawsuit may be found at www.agjefflandry.com/Article/13115.