Explore The NRA Universe Of Websites

NRA Files Suit Against ATF and DOJ Over “Pistol Brace Rule,” Defends Members Against Draconian Measure

Monday, July 3, 2023

NRA Files Suit Against ATF and DOJ Over “Pistol Brace Rule,” Defends Members Against Draconian Measure

The National Rifle Association of America (“NRA”) today announced it filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), the U.S. Department of Justice (“DOJ”), ATF Director Steven Dettelbach, and U.S. Attorney General Merrick Garland (“Defendants”) in opposition to the unlawful “pistol brace rule.”

“The NRA has ramped up its offense on this arbitrary and unconstitutional rule,” says NRA Executive Vice President & CEO Wayne LaPierre. “We are confident in our ability to confront the ATF and DOJ – and preserve freedom for NRA members.”

Filed in the U.S. District Court for the Northern District, Dallas Division, the lawsuit is the NRA’s latest challenge to the rule regarding stabilizing braces. On June 30, 2023, the same court denied the NRA’s motion to intervene in another legal action, while recognizing the NRA was positioned to pursue its own lawsuit – a course it now adopts in support of its millions of law-abiding members.

The lawsuit exposes the failings of the new rule – which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms. The NRA previously submitted comments in opposition to the rule, filed a motion to intervene in another legal action, and supported a lawsuit by several state attorneys general filed in North Dakota.

“The NRA is pursuing every possible avenue in defense of its law-abiding members and their constitutional freedoms,” says William A. Brewer III, counsel to the NRA. “Our members should be free of the threat of enforcement of this presumptively unlawful rule. We are confident that we will prevail in obtaining the same relief for them that has already been granted to members of other gun rights groups.”

As noted in the complaint, the NRA argues the rule is unconstitutional, as the ATF 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.

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.

The NRA will go 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 Final Rule.

In opposition to the Final Rule, NRA President Charles Cotton has said, “The NRA will continue to defend its members and their constitutional freedoms – fighting this rule and President Biden’s 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, 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 those plaintiffs.​​

The NRA backs and supports another lawsuit challenging ATF’s unlawful rule. The lawsuit, filed February 9, 2023, 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.

View the filing by clicking here.

TRENDING NOW
Trump Continues Commitment to Gun Owners

News  

Monday, October 27, 2025

Trump Continues Commitment to Gun Owners

We’ve covered the numerous ways in which President Donald Trump has used his office to defend or advance our rights protected under the Second Amendment. 

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

News  

Monday, October 27, 2025

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

Last Monday, NRA-ILA (ILA) filed comments in response to a proposed rulemaking by the U.S. Department of Justice (DOJ) to revive the government’s “relief from disabilities” program for people categorically prohibited from acquiring or possessing firearms. 

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Thursday, October 23, 2025

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Today, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Reply Brief urging the U.S. Supreme Court to hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a ...

North Carolina: Update on Permitless Carry

Friday, October 24, 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.

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

News  

Monday, October 20, 2025

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

So much of the energy surrounding the digital currency space has been aimed at bringing forth a new liberty. 

From Printers to Panic: Everytown Summit on “3D Printed Firearms” Targets Progress

News  

Monday, October 27, 2025

From Printers to Panic: Everytown Summit on “3D Printed Firearms” Targets Progress

Recently, Everytown for Gun Safety hosted a 3D Printed Firearms Summit in New York City with the goal being to “build cross-sector collaboration and chart actionable strategies to stem the tide of 3D-printed firearm (3DPF) related violence.” 

Grassroots Spotlight: Green Top Outdoor Expo

Take Action  

Monday, October 27, 2025

Grassroots Spotlight: Green Top Outdoor Expo

Earlier this month, your Virginia NRA -ILA Grassroots Team had the honor of participating in the annual Green Top Outdoor Expo, hosted by Green Top Sporting Goods in Ashland, Virginia

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

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.