Explore The NRA Universe Of Websites

NRA Challenges ATF Brace Rule

Thursday, February 9, 2023

NRA Challenges ATF Brace Rule

Fairfax, Va. - The National Rifle Association announced today the filing of an NRA-backed and supported lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) unlawful rule on stabilizing braces.

“ATF’s new definition for stabilizing braces is arbitrary. The bureau is declaring that they will effectively decide on a case-by-case basis whether a firearm is subject to the NFA. Every American gun owner is in danger of potentially facing felony charges at the whim of these bureaucrats and without any new statute in place. The NRA believes this rule will fail for the same reasons the bump stock rule failed — ATF can only apply federal statutes; it can’t rewrite them,” said Jason Ouimet, executive director, National Rifle Association Institute for Legislative Action.

Stabilizing braces were designed to enable gun owners to operate certain firearms with one hand with more stability. The ATF’s new rule says, essentially, that using a stabilizing brace with a pistol turns the firearm into a short-barreled rifle and must now be regulated by the National Firearms Act (NFA) — which means they’d be subject to registration, additional taxation, and long wait times for approval due to ATF’s lengthy NFA processing times. Because of this rule, the millions of Americans who own a pistol and a stabilizing brace, regardless of style or caliber or type of brace, must either dispose of, alter, or register their firearms. If they don’t comply, they will become felons and face 10 years in prison and large fines.

According to the Congressional Research Service, there are currently between 10 and 40 million stabilizing braces in circulation.

The primary problem with the new rule is the lack of a clear definition of what is actually being regulated. The language gives ATF the unmitigated power to decide on a case-by-case basis which firearms are and are not regulated.

“This rule demonstrates a clear abuse of power by the ATF,” Ouimet said. “They’re clearly carrying out the Biden Administration’s anti-gun agenda and it’s got to stop. The NRA is putting its full weight behind fighting this unlawful rule.”

The case is captioned Firearms Regulatory Accountability Coalition, Inc., v. Merrick Garland and was filed in the United States District Court for the District of North Dakota. Other plaintiffs are: SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and a coalition of 25 states led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, also including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wyoming.

TRENDING NOW
California Glock Ban Triggers Warning from Trump DOJ

News  

Monday, June 29, 2026

California Glock Ban Triggers Warning from Trump DOJ

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), continues to play offense when it comes to the Trump administration defending the Second Amendment.

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

“Red Flag” Law Claimed to Work Simply Because it is Being Used

News  

Monday, June 29, 2026

“Red Flag” Law Claimed to Work Simply Because it is Being Used

According to a recent editorial by an anti-gun spokesman, Florida’s version of a “red flag” law—also known as an Extreme Risk Protection Order (ERPO) law—is a “success” simply because it is being used.

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

Thursday, June 25, 2026

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

On June 25, the U.S. Supreme Court invalidated a Hawaii law that sought to ban the carrying of firearms (including licensed concealed carry) on private property open to the public, unless the carrier obtained affirmative ...

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

California: Anti-Gun Bills Continue Advancing in Sacramento

Wednesday, June 24, 2026

California: Anti-Gun Bills Continue Advancing in Sacramento

Anti-gun legislation continues advancing in Sacramento. On June 30, the Assembly Public Safety Committee will hear Senate Bill 948, while the Senate Public Safety Committee will hear Assembly Bill 2047. Please use the Take Action ...

Anti-Gun Municipalities Double-Down When Policies Are Challenged

News  

Monday, June 22, 2026

Anti-Gun Municipalities Double-Down When Policies Are Challenged

Why is it that, after being told their gun laws are unconstitutional, so many areas under control of anti-gun extremists seem to respond with something along the lines of, “Oh yeah?  Watch what we do next!” 

U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

News  

Monday, June 22, 2026

U.S. Supreme Court Unanimously Narrows Scope of Unlawful Drug User Prohibition

On June 18, the U.S. Supreme Court issued an opinion which unanimously narrowed the scope of 18 U.S.C. § 922(g)(3), which bans firearm acquisition or possession by anyone who is an “unlawful user” of a ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.