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: https://ago.mo.gov/docs/default-source/press-releases/atf-lawsuit.pdf?sfvrsn=702138bb_2