Alabama Attorney General Steve Marshall joined 24 other attorneys general in a lawsuit on Thursday against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives seeking to enjoin a recently issued rule regulating pistol braces.
The "Factoring Criteria for Firearms with Attached Stabilizing Braces" rule dictates that when manufacturers, dealers, and individuals pair stabilizing braces with 99% of pistols, they must comply with the laws that regulate rifles, including the National Firearms Act (NFA).
This ATF rule change will require individuals using a stabilizing brace to apply for a permit with the ATF within four months, pay a tax, and face restrictions on future transfers of the brace.
"This is just another example of President Biden weaponizing the administrative state in an attempt to achieve a political objective that is that neither constitutional nor legislatively feasible," Marshall said in a statement. "I will always boldly and unabashedly defend the second amendment, and my office will fight against any efforts to erode the constitutional rights of gun owners in our nation."
The lawsuit is asking the U.S. District Court for the District of North Dakota to declare the ATF rule unlawful and vacate it.
Other states joining Alabama in the lawsuits are Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.
The other plaintiffs are Firearms Regulatory Accountability Coalition Inc. (an advocacy group), SB Tactical (a brace manufacturer), B&T USA (a firearms importer and manufacturer) and Richard Cicero, a retired police firearms instructor and a wounded warrior who uses stabilizing braces.
To connect with the author of this story, or to comment, email caleb.taylor@1819News.com.
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