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Lankford Challenges ATF Pistol Brace Rule in Amicus Brief

OKLAHOMA CITY, OK – Senators James Lankford (R-OK) and Marsha Blackburn (R-TN), along with over 30 congressional colleagues, filed an amicus brief to the United States District Court for the District of North Dakota, contending that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new pistol brace rule clearly contravenes the Second Amendment. The amicus brief also contends that the rule was never authorized by Congress, thus violating basic separation of powers principles.

The ATF issued a rule in January stating that over 99% of brace-equipped pistols are “short-barreled rifles” and, thus, subject to burdensome regulatory requirements. These pistol braces are helpful for individuals with disabilities or who lack physical strength to comfortably fire pistols, including veterans.

“The Second Amendment is not up for negotiation—no matter what the Biden Administration pushes. The ATF’s latest attack on pistol braces undermines the right to bear arms for disabled veterans and is a clear example of overreach. ATF cannot state that pistol braces are legal one year, then suddenly determine they have to be destroyed, submitted or permitted. I urge the court defend the Constitution and uphold the Second Amendment from the ATF’s arbitrary ruling,” said Lankford.
“The Second Amendment is non-negotiable and applies equally to all law-abiding adult citizens – including veterans and disabled individuals who need assistance to exercise their rights,” said Blackburn. “The ATF does not have the constitutional authority to circumvent Congress and deny certain individuals that guaranteed freedom. Their new pistol brace rule is textbook bureaucratic overreach, and my colleagues and I urge the Court to vacate it.” 

Senate co-signers include Senators Kevin Cramer (R-ND), Thom Tillis (R-NC), Tedd Budd (R-NC), Mike Rounds (R-SD), Ted Cruz (R-TX), Chuck Grassley (R-IA), Rick Scott (R-FL), John Hoeven (R-ND), Bill Hagerty (R-TN), Steve Daines (R-MT), and John Thune (R-SD).
Click here to read the full brief.