Explore The NRA Universe Of Websites

NRA Files Papers in Legal Challenge to ATF “Pistol Brace Rule,” Defends Members Against ‘Arbitrary Attack’

Wednesday, June 7, 2023

NRA Files Papers in Legal Challenge to ATF “Pistol Brace Rule,” Defends Members Against ‘Arbitrary Attack’

The NRA seeks to intervene in the U.S. District Court for the Northern District of Texas, Dallas Division, to obtain injunctive relief stopping the ATF from enforcing its unconstitutional rule – which reverses its long-standing position that pistol braces do not transform pistols into rifles subject to onerous registration and taxation requirements under the National Firearms Act. Defendants include, among others, the ATF, the U.S. Department of Justice, and Steven M. Dettelbach, in his official capacity as director of ATF (“Defendants”).

The filings are the latest steps taken by the NRA to challenge the new rule – which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of a legal plastic apparatus on some firearms.

Previously, the NRA obtained clarification of multiple aspects of ATF’s proposed rule, including 1) that braces removed from firearms do not necessarily have to be destroyed or altered in a way that prevents them from being reattached to a firearm; and 2) that imported pistols with stabilizing braces do not necessarily need to be destroyed or surrendered.

Now, the NRA is going to court to obtain preliminary, and ultimately permanent, injunctive relief restraining Defendants from enforcing the “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” (the “Final Rule”) against law-abiding NRA members. First announced in January 2023, the Final Rule was set to go into effect June 1, 2023. Gun rights groups and the State of Texas are among those who have been granted preliminary injunctive relief from the Final Rule – and now the NRA seeks recognition of the irreparable harm its members also face from the draconian measure.

“The NRA has consistently opposed this arbitrary attack on law-abiding gun owners on multiple fronts,” says NRA Executive Vice President & CEO Wayne LaPierre. “The NRA is a leader in the largest and most aggressive legal challenge to this action, and now aims to intervene in the Texas lawsuit. We are pursuing relief to protect our members – and bring a halt to this attack on their freedom.”

NRA President Charles Cotton says, “President Biden and his rogue regulators are on notice: the NRA will continue to defend its members and their constitutional freedoms – fighting this rule and the anti-Second Amendment agenda in every forum available.”

The NRA represents millions of members across the nation in preserving the Second Amendment rights of law-abiding gun owners, including hundreds of thousands of members in Texas. The NRA has approximately 350,000 members in Texas – the #1 state for NRA members. As explained in the NRA’s Complaint in Intervention, many of its members are being irreparably harmed by the Final Rule, because they are forced to modify their firearms, destroy them, register them, or surrender them to the federal government under threat of criminal prosecution. Pistol stabilizing braces allow users to strap their gun to their forearm or place them on their shoulders for more stability. Millions of these devices are used by gun owners across the nation—particularly disabled veterans who need braces to safely use a pistol.

In late May, the court entered orders enjoining Defendants from enforcing the Final Rule against another gun-rights group and its members. However, the scope of the injunctive relief granted applies only to plaintiffs.

“The courts have already recognized other gun-promotion groups should be afforded protection from this rule,” Cotton says. “The NRA now seeks to intervene – to extend the protections to the Association. The NRA is the leading provider of gun-safety and marksmanship education in the nation, so there is compelling need for the relief being sought for its members.”

In addition to this latest effort, NRA is backing and supporting a lawsuit challenging ATF’s unlawful rule. The lawsuit filed February 9th 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. Plaintiffs include: 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.

FILINGS: Click for Complaint and Click for Brief

TRENDING NOW
Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Friday, November 14, 2025

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Yesterday, the National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, and Minnesota Gun Owners Caucus in filing an amicus brief urging the Second Circuit to hold ...

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.