Andrew Bailey
Missouri Attorney General
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Missouri Attorney General Andrew Bailey Files Suit to Defend Second Amendment

Home 9 Press Release 9 Missouri Attorney General Andrew Bailey Files Suit to Defend Second Amendment
Feb 17, 2023, 09:48 AM by AG Bailey
JEFFERSON CITY, Mo. – In an effort to defend the Constitution, Missouri Attorney General Andrew Bailey announced today that he filed suit with a coalition of 25 attorneys general against the Biden Administration’s U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their unconstitutional, recently implemented rule attempting to outlaw pistol braces.

“As Attorney General, I will defend the Constitution, which includes holding the Biden Administration accountable for blatantly violating the Second Amendment,” said Attorney General Bailey. “I have long held that the Constitution was meant to be a floor, not a ceiling, and the Second Amendment is the amendment that makes all of the others possible. My Office will do everything in its power to safeguard Missourians’ Second Amendment rights against encroachment by unelected federal bureaucrats.”

The lawsuit asserts that the ATF’s pistol brace rule burdens law-abiding gun-owners with additional regulations, including higher taxes, longer waiting periods, and registration. “All told, millions of Americans have purchased stabilizing braces to achieve safer and more accurate firing,” and now, any manufacturer, dealer, or individual that pairs a stabilizing brace with “99% of pistols” must comply with the National Firearms Act (NFA).

The lawsuit maintains that many pistol brace owners, including older persons, people with limited mobility and those with smaller stature will be penalized by the rule, as “many lawful gun owners use stabilizers to prevent some recoil when using firearms ” to help with accuracy.

Further, the lawsuit says that the final rule is “arbitrary and capricious,” and that the ATF violated the Separation of Powers by implementing the new rule. The attorneys general ask the Court for a preliminary and permanent injunction halting the unconstitutional rule.

Members of the Missouri General Assembly applauded this move by Attorney General Bailey after raising their concerns to his office last month.

“We appreciate how swiftly Attorney General Bailey took action on this issue by filing suit to halt the Biden Administration’s unconstitutional pistol brace rule,” said Senator Rick Brattin. “This action by the Biden Administration is an infringement of Missourians’ right to keep and bear arms which is clearly protected under the second amendment of the U.S. Constitution. “

Joining Attorney General Bailey in this lawsuit are the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

Read a copy of the complaint here: