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Republican AGs sue DOJ, ATF over pistol 'stabilizing brace' rule

The "Factoring Criteria for Firearms with Attached Stabilizing Braces" would subject braced pistols to regulations in the National Firearms Act that regulate rifles.

Published: February 9, 2023 3:47pm

Updated: February 9, 2023 4:32pm

West Virginia Republican Attorney General Patrick Morrisey is leading a coalition of states in a lawsuit against the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives over a rule that would classify pistols with stabilizing braces as rifles and subject them to greater federal regulation.

"Let's call this what it is: an effort to undermine Americans' Second Amendment rights. This is an egregious final rule turning millions of common firearms accessories into 'short barreled rifles.' This is a completely nonsensical regulation," Morrisey said in a Thursday press conference. "This is part of the continued attack by the Biden administration against lawful gun owners."

The "Factoring Criteria for Firearms with Attached Stabilizing Braces" would subject braced pistols to regulations in the National Firearms Act that regulate rifles, requiring owners of such braces to seek a permit from the ATF and pay taxes on it.

Morrisey and co. have asked the United States District Court for the District of North Dakota Western Division to declare the ATF rule unlawful and bar its implementation.

Stabilizing braces were invented originally to aid individuals with disabilities in operating firearms but have since become common as tools to improve one's accuracy.

The ATF rule has attracted considerable legal scrutiny, including a lawsuit earlier this year from a group of military veterans.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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