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NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Fairfax, Virginia – April 1, 2024…The National Rifle Association of America (“NRA”) announced a major legal victory today, as a Texas court enjoined the “pistol brace rule” from taking effect against its members. The legal win is the most expansive ruling of its kind to date – protecting millions of NRA members across the nation.

The NRA filed suit in the Northern District of Texas on July 3, 2023, against the ATF, the U.S. Department of Justice, and Steven M. Dettelbach, in his official capacity as director of ATF (“Defendants”), seeking to enjoin the ATF’s unconstitutional rule, which would have reversed 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.

On March 29, 2024, U.S. District Judge Sam A. Lindsay agreed with the NRA that it has “associational standing” to pursue this case because it is a traditional membership organization whose members rely on the NRA to protect their gun rights. In other words, the NRA is the voice of its members.

Further, Judge Lindsay applied the Fifth Circuit’s earlier holding in Mock v. Garland that the ATF failed to go through an appropriate notice-and-comment period before issuing its “pistol brace rule,” making major revisions to the rule without acknowledging the hundreds of thousands of negative comments from the NRA and its members across the nation, thus rendering it likely unlawful.

“This is a major victory for the NRA, its members, and all who believe in Second Amendment freedom,” says NRA President Charles Cotton. “From day one, we vowed to fight back against President Biden and his rogue regulators – and to defeat this unlawful measure.”

The legal win protects millions of NRA members across the nation who seek to use a pistol brace to safely use a firearm, including many lawful gun owners with disabilities. The ATF’s unconstitutional rule would have reversed 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.

The NRA successfully argued its members face irreparable harm from 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.

“The NRA has emerged as a leading voice in opposition to this unlawful attempt to limit Second Amendment freedom,” says NRA counsel William A. Brewer III. “When it was determined NRA members could not benefit from other injunctions, the Association moved to the tip of the spear in the advocacy and prevailed in obtaining sweeping relief for its members.”

As noted in the court’s ruling, dated March 29, 2024, the NRA has obtained preliminary 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. The NRA gained recognition of the irreparable harm its members face from the draconian measure.

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 were being irreparably harmed by the Final Rule, because under the rule 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.

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NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Thursday, April 18, 2024

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Last night, the Colorado general Assembly continued its attempts to whittle down Second Amendment protections in Colorado. Two anti-gun bills, House Bill 24-1349 and House Bill 24-1353, passed the House Appropriations Committee and have advanced to the House floor, ...

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nebraska: Unicameral Adjourns Sine Die From 2024 Session - School Carry Signed Into Law!

Friday, April 19, 2024

Nebraska: Unicameral Adjourns Sine Die From 2024 Session - School Carry Signed Into Law!

Yesterday, the Nebraska Unicameral Legislature adjourned sine die from the 2024 legislative session.

Massachusetts: Contact the H. 4139 Conference Committee NOW

Friday, April 19, 2024

Massachusetts: Contact the H. 4139 Conference Committee NOW

For nearly a year, extreme anti-gun Massachusetts politicians have been pushing one of the most extreme gun control bills in the country.

Minnesota: Anti-Gun Legislation Passed in Senate Committee

Thursday, April 18, 2024

Minnesota: Anti-Gun Legislation Passed in Senate Committee

Today, Senate File 4312 and Senate File 5153 were passed in the Senate Finance Committee and could receive a vote on the Senate floor as early as next week. The bills would impose a one-size fits ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

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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.