Texas AG Ken Paxton
Texas Attorney General Ken Paxton (AP Photo/Tony Gutierrez, File)
Previous Post
Next Post

From Texas Attorney General Ken Paxton . . .

Attorney General Paxton, along with a coalition of other plaintiffs, is suing the Biden Administration over a Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) rule targeting pistol owners who use stabilizing braces. Attorney General Paxton is partnering with Gun Owners of America in this lawsuit.

For years, Americans have widely used stabilizing braces when exercising their Second Amendment rights for numerous purposes, with millions sold throughout the country. Braces can reduce recoil, assist people with disabilities, prevent injury, and overall help individuals operate weapons more safely and accurately.

The Biden Administration is now targeting law-abiding Americans with burdensome registration requirements by defining a pistol with a stabilizing brace as a “short-barreled rifle.” This change in classification would require that individuals register their firearm ownership with the federal government or risk up to ten years in prison if they fail to comply with the regulation.

This infringement on Second Amendment rights is fundamentally unconstitutional, as well as unlawful for many other reasons. The new rule is arbitrary and capricious, was adopted in violation of the Administrative Procedure Act, and the federal entity instituting the rule, ATF, lacks the statutory authority to define handguns with stabilizing braces as short-barreled rifles.

You can read the lawsuit here.

Previous Post
Next Post

26 COMMENTS

    • They could manufacture a jacket/coat with a flat shoulder stock integrated into the jacket. That way, it’s not a part of the rifle, but a part of a jacket. Hold your AR pistol buffer tube to your shoulder and lock the jacket stock to the ar pistol. When you are done, simply disconnect the jacket from the pistol. Problem solved (and more problems for the left started 🤣).

      You could have the stock floating but permanently attached to the jacket by a bungie cord, this way you can still have the AR pistol on a sling/bungie, etc.

  1. These case are good to see happening. The gov’t overreach has got be halted. May the courts be on the citizens side.

  2. You’d think with all that money and influence the NRA would be leading the way… instead of just “backing” other smaller organizations and taking their money…

    • OK, just convince the other smaller organizations to refuse to accept any NRA money.

      I’m sure that the GOA and other smaller organizations will do just fine without that NRA cash.

      Money spent on lobbying and outside spending, 2022 (from OpenSecrets . org)

      NRA $16 million

      NSSF $3.7 million

      GOA $3.3 million

    • Montana Virtual — “You’d think with all that money and influence the NRA would be leading the way… ”

      You mean like this?

      NRA and 25 States File Challenge to ATF Pistol Brace Rule

      “The challenge was filed Thursday by the NRA, SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and 25 states–Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. …

      “In addition to encouraging all manufacturers who are frustrated by the ATF’s arbitrary and capricious approach to regulation to join FRAC, SB Tactical would also like to sincerely thank the National Rifle Association (NRA) for their tremendous support and assistance with this litigation.”

      https://www.thetruthaboutguns.com/sb-tactical-and-frac-sue-the-atf-to-block-the-largest-gun-registration-scheme-in-us-history/

      I didn’t see any comment by you on that thread. Why is that?

      • Money spent on lobbying and outside spending. – NRA $16 million.
        Outside spending is what they pay Wayne LaPierre and his board.
        Lobbying is what they pay telemarketers to call you and beg,
        plus send out unsolicited mailings, postage costs.

        While Montana Actual can defend himself, the NRA is now a complete sham.
        Wayne LaPierre leaves and takes his 20 million in severance
        with his “board” (millions more) OR they never get another cent from me.
        They shouldn’t be 2nd or 3rd chair, they should be the Conductor.
        Why aren’t they?

        Attorney Thomas DeVore has shut down the Illinois AWB and magazine capacity limit all by himself. Money and help from the NRA? NONE

        “In addition to encouraging all manufacturers who are frustrated by the ATF’s arbitrary and capricious approach to regulation to join FRAC, SB Tactical would also like to sincerely thank the National Rifle Association (NRA) for their tremendous support and assistance with this litigation.” – IOWs from the NRA, “great job guys”.

        Conveniently you left this out: “FRAC, as lead plaintiff, filed the litigation in the U.S. District Court for the District of North Dakota. A coalition of 25 states, led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, have also echoed the demands for accountability by joining this litigation against the ATF.

        “FRAC, as LEAD PLAINTIFF and A COALITION of 25 STATES”

        • “Outside spending is what they pay Wayne LaPierre and his board.
          Lobbying is what they pay telemarketers to call you and beg,
          plus send out unsolicited mailings, postage costs.”

          What you’ve described are “operating expense” and “fund raising.”

          When you begin with an incorrect premise, you’re building the house of your argument on a foundation of shifting sand.

          Here are the definitions according to Open Secrets:

          Lobbying: “Companies, labor unions, trade associations and other influential organizations spend billions of dollars each year to lobby Congress and federal agencies. Some special interests retain lobbying firms, many of them located along Washington’s legendary K Street; others have lobbyists working in-house.”

          “The term ‘outside spending’ refers to political expenditures made by groups or individuals independently of, and not coordinated with, candidates’ committees. Groups in this category range from conventional party committees to the more controversial super PACs and 501(c) ‘dark money’ organizations.”

          “They shouldn’t be 2nd or 3rd chair, they should be the Conductor.
          Why aren’t they?”

          I’ll let a legal mind correct me if I am wrong, but I don’t believe that the NRA as a non-profit organization can file suit as the injured party in this dispute — but they can monetarily support the named plantiff.

        • Did you click on my link and scroll down to Analysts’ Notes?
          For years since I was teen I gave the NRA money but now I wish I hadn’t.
          There are some that are pro NRA and many that are anti NRA.
          I used to be pro NRA but they will not get another penny from me until Wayne LaPierre and his board are gone.
          I was stalked around this forum by someone who was so pro NRA that they blindsided me with a bunch of troll attacks.

          I’m done talking about the NRA, they were a much better organization when they taught about guns and then LaPierre got on board and made them a PAC. Then he got a bunch of his friends elected to the board and they went from teaching to advocacy but then they got greedy and started using their charity status as their own piggy bank.

          They got caught and a lot of the people who supported them feel like fools.
          They pick and choose fights after others get involved and if they think they can get a win only then will they join suit. The big problem is that many anti 2A people know how weak LaPierre actually made them and the mention of the NRA no longer strikes fear into politicians heats.

          They can rid of him and rebuild or they can continue to grift. The older you are the more likely you are to fall for Waynes grift but he’s a conman plain and simple. He and his lackeys have to go before I would consider helping them rebuild.

          This article is: Gun Owners of America and State of Texas Sue to Block ATF’s ‘Fundamentally Unconstitutional’ Pistol Brace Ban

          Thats the same GOA that you mentioned above.
          Is the NRA involved in this suit?
          Don’t answer that, I was making a point.

        • “Did you click on my link and scroll down to Analysts’ Notes?”

          Did you answer any of the questions that I posed to you in my post of 11:09am, below?

          “Is the NRA involved in this suit?
          Don’t answer that, I was making a point.”

          There are three separate lawsuits on this issue. The NRA is involved in the suit by SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and 25 states — that is referenced in the thread “SB Tactical, FRAC and 25 States Sue ATF to Block ‘The Largest Gun Registration Scheme in US History’”

          I found the post to which I earlier alluded:

          Anymouse — January 30, 2023 At 10:09
          “I heard a couple interviews with brace inventor Alex Bosco of SB Tactical. He said the NRA has offered to pay for 50% of his lawsuit against the new brace rule.”

      • I read the article in the link you provided yesterday and it appears that SB Tactical and FRAC and 25 states(my state us on the list) along with the NRA with their ‘tremendous” support. This is only one example of the NRA getting involved which I recognize and am happy they and others are trying to do something to eliminate this unconstitutional foolishness. I have no idea as to why the NRA has not been more forthcoming up until this point; however, it is good to see them finally get into the fight. Why they have not gotten into the fight until now is anyone’s guess. Presently it appears the NRA is not leading the way but have via this suit become a part of the defense and that is a good thing.

        • To be clear, NRA is not named as a plaintiff in the suit.

          It is my understanding as you said, that one of our posters had spoken to the head of SB Tactical, who stated that the NRA is paying half of the legal fees involved in filing the action.

          As far as the NRA “not [getting] into the fight until now,” I disagree. The NRA spends mucho dinero every year to lobby and support a multitude of gun-control suits and anti-gun legislation and donating to pro-2A political candidates.

        • The NRA is likely not as involved as you guys want to think, the general misconception is that they are the 800lb Gorilla they were once were.

          The anti’s KNOW the NRA is literally falling apart from infighting.
          “Tremendous” support could be used in the same context as simping for the NRA on here, it’s very vague.

          As In: You two guys are giving “tremendous” support to the NRA, it’s a statement and nothing else.

          Heres an answer to Open Secrets:
          https://www.charitywatch.org/charities/national-rifle-association-nra

          On top of that Open Secrets has some bad things to say about the NRA but I wont post it, it’s forbidden to be used w/o permission which isn’t very Open.

          I give money to the people who actually do the fighting, not the NRA that says it’s doing the fighting and isn’t. The NRA isn’t monetarily supporting anyone in this, just talking. SB Tactical, B&T USA, Wounded Warrior Richard Cicero, and 25 states are putting up the money.

          “The NRA spends mucho dinero every year to lobby and support a multitude of gun-control suits and anti-gun legislation and donating to pro-2A political candidates.”

          They aren’t in my in my state, they have run from every fight that happens and not donating to pro-2A candidates.

        • Rob, you would prefer that the NRA withhold the $16 million it spent on lobbying and outside spending last year, and not support legislation, finance lawsuits, or donate to candidates?

          Do you think that will be a good thing for the 2A movement?

          “SB Tactical would also like to sincerely thank the National Rifle Association (NRA) for their tremendous support and assistance with this litigation.” – IOWs from the NRA, “great job guys”.”

          “The NRA isn’t monetarily supporting anyone in this, just talking.”

          The way that I read the above, is that SB Tactical is thanking the NRA; the post here yesterday from another stated that the owner of SB Tactical confirmed that the NRA is paying half of his costs in the suit. Do you have information to the contrary?

          “They aren’t in my in my state …”

          Open Secrets has a list of candidates in each state to which NRA has donated. What’s your state? I’ll check for you.

      • The real question is how much is the NRA willing to compromise our rights to get this regulation dropped or thrown out…

        NRA= Not Real Advocates

  3. OK, the gloves are off.

    This one takes direct aim at the legality of the NFA’s regulation of SBR’s and SBS’s, pointing out that their inclusion in the NFA is a historical accident based on the facts that the original draft of the NFA covered handguns and the SBR/SBS regs were to prevent circumvention of the handgun regs. (When what had originally been a ban on handguns was dropped amid Congressional opposition (and concerns from DOJ that such was unconstitutional), the SBR/SBS regs survived.)

    This one could be very interesting . . . .

  4. If the Supreme Court would ever do it’s job and put this problem to death it would be great. They should actually rule that all gun control laws from the 1934 ” machine gun ” ban forward are all unconstitutional and void. This would be correct and would save millions of dollars wasted at piece meal patches to try to fix a huge violation of citizens rights.

    • Ed – well stated and right on point.
      I am dismayed to see almost all of the other comments are more concerned with bashing certain outfits (NOT that some of that bashing isn’t warranted) but we waste a lot of time wading thru them rather than addressing the main issue which is unelected bureaucrats issuing rules and/or regulations that are blatantly unconstitutional.
      I’ll place a gentleman’s wager that those bureaucrats have even less actual experience with braces than I do nor are any of them disabled vets who are empowered by using braces.

  5. Let me get this straight, the difference between a dangerous short barreled rifle and safe short barreled rifle is the government knowing you have it. Yeah ban the stupid NFA registration already that does nothing but harass gun owners. It’s like saying guns having serial numbers stops crimes.

  6. Your comment is awaiting moderation
    .40 cal — that would require “moderation,” which TTAG does not do.

  7. I use to believe that gun owners would eventually have enough of their rights being violated and finally pull on their boots and grab their rifles. After a few years of reading forums and 2A advocacy groups on social media it’s clear that this is never going to happen. Too many of you are far too winning to remain law abiding. You’re going to lose your rights because you refuse to fight for them.

Comments are closed.