ATF Hit With Multiple Lawsuits On Day 1 of Pistol Brace Final Rule

Published on February 1, 2023
Duration: 13:19

Multiple lawsuits have been filed against the ATF's final pistol brace rule on its first day. These legal challenges, including those from the Second Amendment Foundation, Firearms Policy Coalition, Texas Public Policy Foundation, and US Vets, primarily argue that the rule infringes upon Second Amendment rights as interpreted by the Bruen decision and violates the non-delegation doctrine and the Administrative Procedure Act. The lawsuits seek to have the rule declared unlawful and set aside.

Quick Summary

Multiple lawsuits have been filed against the ATF's final pistol brace rule on its first day. These legal challenges argue the rule infringes on Second Amendment rights, citing the Bruen decision, and violates the non-delegation doctrine and the Administrative Procedure Act, seeking to have the rule declared unlawful.

Chapters

  1. 00:00ATF Lawsuits on Pistol Brace Rule
  2. 00:29Lawsuits Filed and Expected
  3. 01:33Supreme Court Decision on Gun Infringements (Bruen)
  4. 02:35First Lawsuit: Mock, Lewis, and Firearms Policy Coalition
  5. 03:21Purpose of the Mock Case
  6. 04:28Second Lawsuit: Texas Public Policy Foundation
  7. 06:41Third Lawsuit: US Vets
  8. 08:36Summary of Issues with the Rule
  9. 09:59Commentary and Advice

Frequently Asked Questions

What is the ATF's final rule on pistol braces?

The ATF's final rule reclassifies firearms equipped with pistol braces as Short-Barreled Rifles (SBRs) under the National Firearms Act (NFA). A 120-day grace period allows owners to register these firearms to avoid penalties, after which they will be subject to NFA regulations.

Why are multiple lawsuits being filed against the ATF's pistol brace rule?

Lawsuits are being filed because the rule is alleged to violate the Second Amendment, citing the Supreme Court's Bruen decision. Other arguments include violations of the non-delegation doctrine, the Administrative Procedure Act, and the rule being unconstitutionally vague.

What are the main legal arguments against the ATF pistol brace rule?

Key arguments include that the rule infringes on Second Amendment rights without historical precedent (per Bruen), that the ATF lacks the authority to create such a rule (non-delegation doctrine), and that the rule was not promulgated correctly under the Administrative Procedure Act.

Which organizations have filed lawsuits against the ATF's pistol brace rule?

As of the rule's first day, lawsuits have been filed by the Second Amendment Foundation, the Firearms Policy Coalition (in conjunction with William T. Mock and Christopher Lewis), the Texas Public Policy Foundation (with plaintiff Blake Waterson), and US Vets.

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