Complaints in the Case of ATF Pistol Brace Rule
BY Herschel Smith
1 year, 10 months ago
More than 20 Republican-led states, along with gun rights groups and a disabled Army veteran, on Thursday sued the Biden administration over a new rule restricting sales of gun accessories known as pistol braces.
In a lawsuit filed in federal court in North Dakota, the states said that the rule finalized earlier this year by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was “arbitrary and capricious” and violated the right to bear arms under the U.S. Constitution’s Second Amendment.
This case is joined by the NRA. I guess they arm twisted and pulled enough money out of Wayne’s account for buying suits to assist with the lawsuit. I cannot locate a URL for the complaint.
Why on earth they’re targeting the state of ND I have no idea. They’re not likely to be successful there, and the whole goal should be to drive this to the supreme court. On the other hand, this might be the sacrificial lawsuit to do just that.
A much better chance comes from GOA, and the complaint can be found here. Friend of TCJ, Stephen Stamboulieh, is responsible for this fine work. It has been filed in Texas.
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On February 9, 2023 at 9:53 pm, PGF said:
The rule itself states that the ATF is not regulating Pistol Braces. This seems like a pre-lawsuit device to avoid the rule being thrown out. Any lawsuit must be carefully worded and pursued.
On February 9, 2023 at 10:00 pm, Herschel Smith said:
Yes I know all about their clever language. They claim this isn’t about features and appurtenant parts and add-ons and all about SBRs.
I suspect that rhetorical trick won’t take them very far. The deeper issues will come out.
On February 10, 2023 at 2:13 am, Dan said:
Hopefully this reaches the SCOTUS before the makeup of the bench changes….for the worse, since the left now owns the White House.
On February 10, 2023 at 8:07 am, Wes said:
Link to North Dakota filing, courtesy of the Iowa AG:
https://content.govdelivery.com/attachments/IACIO/2023/02/09/file_attachments/2405764/Complaint-c1%20%281%29.pdf
On February 10, 2023 at 2:05 pm, scott s. said:
Or here https://dojmt.gov/wp-content/uploads/Complaint-c1.pdf from Montana DoJ. GOA has a pending “ghost gun” suit in Fed District Court in ND, so there must be a reason for this venue.