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In a ruling for gun rights, a panel from the Fifth U.S. Circuit Court of Appeals has issued a 2-1 decision against the Biden administration’s “final rule” on pistol braces.
The court deemed the rule “likely illegal,” stating that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)—guided by Biden’s selected director Steve Dettelbach—had breached the Administrative Procedure Act (APA).
5th Circuit Opinion
Writing for the majority, Fifth Circuit Judge Jerry Smith observed, “(P)laintiffs establish a substantial likelihood of success on the merits. The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative, and thus not subject to the logical-outgrowth test. The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests. Thus, it is legislative in character. Then, because the Final Rule bears almost no resemblance in manner or kind to the Proposed Rule, the Final Rule fails the logical-outgrowth test and violates the APA.”
SEE ALSO: Biden Pistol Brace Ban Blocked! But Are You Covered? Read to Find Out!
“This is a significant win for gun rights,” said SAF founder Alan M. Gottlieb, “because the arguments in this case are essentially the same as we are making in our own challenge of the pistol brace rule.”
SAF’s case, known as SAF, et.al. v. ATF, et. al, includes Rainier Arms, LLC, and two private citizens—Samuel Walley and William Green—as co-plaintiffs. Houston-based Flores Law and attorney Chad Flores represent them. A preliminary injunction in the case has already been won by SAF.
“This ruling,” said SAF Executive Director Adam Kraut, “is a serious setback for the Biden administration’s gun control agenda. As the court noted, the Final Rule was not the logical outgrowth of the original proposed rule, and therefore must be set aside. Thanks to this ruling, we can jump start our own case with very good prospects for success.”
Origins of the Pistol Brace Ban
The pistol brace ban, originally enacted as ATF final rule 2021R-08F, amended ATF’s “regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.” It affected firearms equipped with stabilizing braces and other attachments.
However, the rule exempts braces designed for individuals with disabilities. Options to comply with the ban included registering it by the deadline per the National Firearms Act, attaching longer barrels, removing the brace and discarding it or permanently altering it, turning in the firearm to the ATF, or destroying the firearm.
The deadline to comply was May 31, 2023. Violators may now face felony charges and the permanent loss of 2A rights as possession of a short-barreled rifle without a tax stamp is prohibited under federal law.
However, several lawsuits have succeeded in putting a temporary pause on the ban for their respective plaintiffs. To see if you’re covered, click HERE.
Clearly, this matter is far from resolved. As always, stay tuned for updates.
About SAF
”The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control
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