For Immediate Release:
February 10, 2023
For press inquiries only, contact:
Cameron Mixon (334) 242-7491
Attorney General Steve Marshall Joins Lawsuit Against the Biden Administration’s New Gun Regulation
(MONTGOMERY) Attorney General Steve Marshall has joined 24 other attorneys general in a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the ATF director seeking to enjoin a recently issued rule governing “Stabilizing Braces,” more commonly known as pistol braces.
The Factoring Criteria for Firearms with Attached Stabilizing Braces rule dictates that when manufacturers, dealers, and individuals pair stabilizing braces with 99% of pistols, they must comply with the laws that regulate rifles, including the National Firearms Act (NFA).
This ATF rule change will require individuals using a stabilizing brace to apply for a permit with the ATF within four months, pay a tax and face restrictions on future transfers of the brace.
“This is just another example of President Biden weaponizing the administrative state in an attempt to achieve a political objective that is that neither constitutional nor legislatively feasible,” Attorney General Steve Marshall continued. “I will always boldly and unabashedly defend the second amendment and my office will fight against any efforts to erode the constitutional rights of gun owners in our nation.”
Initially, stabilizing braces were designed to help people with disabilities use pistols, but they are now utilized by many other groups like senior citizens, people with limited mobility, and individuals with a smaller stature.
It is important to note that this ATF rule will affect most pistol and handgun owners because a significant number of gun owners use stabilizers to lessen recoil and improve accuracy. For more than a decade, these braces have been sold as firearms attachments and were not subject to regulation.
The lawsuit is asking the United States District Court for the District of North Dakota to declare the ATF rule unlawful and vacate it.
Attorney General Steve Marshall was joined in the lawsuit by attorneys general in Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.
The other plaintiffs are Firearms Regulatory Accountability Coalition Inc. (an advocacy group), SB Tactical (a brace manufacturer), B&T USA (a firearms importer and manufacturer) and Richard Cicero, a retired police firearms instructor and a wounded warrior who uses stabilizing braces.
You can read the lawsuit here.