SB Tactical pistol stabilizing brace
Travis Pike for TTAG

From the Second Amendment Foundation . . .

The Second Amendment Foundation today filed a lawsuit in federal district court against the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice, alleging violations of the Administrative Procedures Act relating to its flip-flop regulation of arm braces on semiautomatic pistols.

SAF is joined by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit also names acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

“There are several issues at play in this case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities.

“We think it is also important to file this case now,” he continued, “because the incoming Biden administration has made no secret it intends to take various regulatory actions and issue executive orders directly affecting gun owners. We’re putting the new administration on notice we will be watching their every move where the Second Amendment rights of American citizens are concerned.”

Plaintiff Walley is a distinguished disabled Army veteran who suffered a traumatic injury while serving in Afghanistan in 2012. He was wounded by an improvised explosive device resulting in partial amputation of his right leg and left arm, and a salvaged left leg limb. He uses arm braces to stabilize firearms he shoots recreationally.

Green is a police officer who suffered a line-of-duty injury resulting in permanent nerve damage to his right hand. He also uses arm braces to stabilize firearms while he is shooting.

“With some two million arm braces now in common use,” Gottlieb observed, “BATF can’t just regulate an accessory like this and constantly leave people confused. We’re asking the court for an injunction to prevent this sort of thing from happening again.”

Plaintiffs are represented by attorneys Chad Flores, Hannah Roblyer and Daniel Nightingale at Beck Redden LLP in Houston, and Matthew Goldstein at Farhang & Medcoff in Tucson.

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

29 COMMENTS

    • Amen. Problem is they’ll still just do it again. Just like there’s supposed to be a ban on any federal registry, but they’re pushing that. Or how safe passage is supposed to be a thing, but hey New Commiestan is such a great place. The atf still get their pension same as congress, and we still get the boot. If they want to fix the .gov, then make a law to punish this kind of action, and to punish political prosecutors.

    • That’s all, for a life membership? Hmm. I might have to have a look-see. I ditched NRA a while back (haven’t we all?) and now support CRPA and FPC. Might add the SAF, too.

  1. There is more to the NRA than what revolves around Wayne et al. I remained a pound life member of the NRA and did not board the cut and crybaby train when things got tough. I stayed and dealt with the problem. It ain’t fixed yet but the NRA move to TX is a good start.
    Furthermore the same knee jerk broad brush NRA bashers also broad brushed the POTUS over bump stock contraptions. According to an Allen Gottlieb interview on GunTalk…Had the POTUS failed to act Congress had a much longer laundry list which could have included the Binary Triggers advertised on this forum. So the POTUS fell on the sword and ungrateful knee jerk crybabies joined hands with the likes of CNN to denigrate the POTUS and accomplish nothing but helping Biden/Harris. Perhaps the crybabies can wipe snot off the faces and learn how this game is played without lending aid and comfort to the enemy.

    • Fighting a bad law would’ve been a risk, sure. It could’ve ended in a painful loss. Handing a terrible regulatory precedent on a silver platter to people who hate us was not a victory; it was a preemptive loss.

      Give the school bully a dollar so he won’t try steal your lunch money (but he still wants all your money, and your lunch). Forgive me if I fail to admire either the tactic or the people who employ it.

    • Can’t follow. NRA leadership is corrupt to the core. Every one of the law suits filed by non-NRA 2A defenders should have been filed first by NRA. Just because locusts move to a new field doesn’t mean they become born again farmers.

      • +1 for clarifying that it’s the leadership that’s corrupt, not necessarily the mid-rank volunteers, and certainly not the members.

        Let’s see now their transition to Texas goes. If (and that’s a big IF) WLP steps down and allows someone more reputable to take charge, then it could be easily spun as a “phoenix rising from the ashes” moment to further energize POTG nationwide.

        But that’s a big IF.

        • Whether he’s hassling the overworked Subway manager over a couple nickels, upbraiding the poverty stricken hourly help at Walmart or skipping the Revolution for dubious reasons (while strongly encouraging others to attend), I Haz A Question demonstrates daily what it takes to be a cowardly, self important 🤡 .

    • Hitching your wagon to a crazy horse- questionable logic… but forgivable.

      Attempting to rein in the crazy horse to keep control of your wagon- prudent.

      Recognizing that control of your wagon is ineludibly lost- imperative.

      Actualizing a plan to judiciously extricate yourself from the crazy horse- manifest.

      Credulously clinging to the reins of the crazy horse while imprudently decrying that he isn’t really crazy and you’re still in control of your wagon while it careens over the canyon’s edge- singularly bizarre.

  2. F-Troop need the realize technical rules need defined measurable requirements and no “holistic” we’ll know it when we see it crap. Otherwise their “interpretations” could, and do, result in lots of petty breaches of absurdly complicated rules.

    But BATFE has pledged fealty to the Biden administration so we can expect lots more petty, arcane, and needlessly complicated regulations to be imposed.

    • Bump stock fight is far from over — SCt case was just on whether a refusal to issue a preliminary injunction was an abuse of discretion (which is one of the longest of long shots to get the Supremes to take on any kind of case).

      Tenth Circuit has taken up the Aposhian case en banc, which strongly augers in favor of at least a remand if not a reversal. And a similar challenge is on its way to the Fifth Circuit (Cargill v. BATFE), which now has a solid majority of solid pro-2A judges.

      As far as the instant SAF arm brace case, we’ll see. Counsel for plaintiffs includes several attorneys from the Beck Redden firm, which is a pretty well respected commercial litigation outfit. Now, why they chose to file in the Dallas Division of the Northern District (which has lots of anti-2A district judges that might be assigned to the case) instead of the Fort Worth Division is a mystery to me.

      • Just checked . . . the Aposhian case (bump stock ban) has been set for argument before the Tenth Circuit en banc on January 27. As the lockdown has caused just about all appellate oral arguments to be held via Zoom (with the audio being streamed live to the public via a YouTube channel), anyone who wants to listen in live or to the recording afterwards can do so.
        The Guedes case (bump stock ban case in DC where the refusal to issue a preliminary injunction was appealed to SCOTUS) has been fully briefed on cross motions for summary judgment, but I suspect the district court there may be waiting to see what the Tenth Circuit does in Aposhian.

  3. article idea. Where can we throw money to help our cause of the 2A? I’d would have joined the NRA, but current climate precludes that. Who or whom would be a safe bet for funding?

    • Gun Owners of America (GOA), Second Amendment Foundation (SAF), or, if your state has it, a Citizens Defense League.

    • In my opinion, the Firearms Policy Coalition is doing some of the smartest work out there. Unlike some of the cases out there, I have been impressed with the FPC’s tactical wisdom in terms of pushing the right cases, in the right places, with a coherent long term strategy.

      Full disclosure: I’ve done some pro bono work for the FPC. I volunteer my time and services to them precisely because I’m impressed with their strategic approach and legal acumen.

  4. Commenting on a rogue agencies website = begging

    Suing said agency over their BS = isn’t begging

    The NRA brought it on themselves this won’t make them change their ways.

  5. I’m a bit disappointed in the SAF and NRA for their lack of progress against I-1639 in WA. While killing it on 2A grounds would be nice, the important thing is to kill it, which could more easily be done on the grounds of Initiatives being required to be single topics. I’ve e-mailed them once or twice in the past about this, and never got a reply.

  6. “We’re putting the new administration on notice we will be watching their every move where the Second Amendment rights of American citizens are concerned.”
    I’m sure Biden and the Biden Criminal Cabal are shaking in their boots. They will do as they please and in 10 years when SOTUS refuses to hear the case the Bolsheviks win.

  7. Tell me of one Federal agency that is honest and trusted by Americans. Maybe the National Park Service, but I cannot think of another

    So until the Government changes its behaviors and tactics, abides by the Constitution, and serves the people in a manner the founders intended, the peoples trust will continue eroding and more will rise up against it.

    One look at the state of the Capital at this hour and its clear the Government is afraid of the citizens it was founded to serve. Its puzzling how Joe Biden was honestly elected by the mandate of the people yet the nations seat of government is an armed encampment with air cover by F-16’s, armed checkpoints, Bradleys with M-2 50 cal machineguns, and troops with M-4’s, sidearms, and the standard load of 210 rounds in 30 rnd Magazines.

    Sure looks like Biden was overwhelmingly elected.

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