HUNTINGTON — West Virginia Attorney General Patrick Morrisey is leading a coalition of more than 20 state AGs and other parties in a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives and ATF Director Steven Dettelbach that seeks to enjoin a recently issued final rule governing “Stabilizing Braces,” commonly known as pistol braces.
Morrisey was joined by members of Second Amendment advocacy groups February 9 in announcing the lawsuit at Bare Arms Indoor Range & Training Center in Huntington.
“Let’s call this what it is: an effort to undermine Americans’ Second Amendment rights,” Morrisey said. “This is an egregious final rule turning millions of common firearms accessories into ‘short barreled rifles.’ This is a completely nonsensical regulation.
“This is part of the continued attack by the Biden administration against lawful gun owners.”
The rule, called Factoring Criteria for Firearms with Attached Stabilizing Braces, indicated that when manufacturers, dealers and individuals pair stabilizing braces with 99 percent of pistols, they must comply with the laws that regulate those rifles, including the National Firearms Act.
Morrisey says that means those who use a stabilizing brace would have to apply for a permit with the ATF within four months, pay a tax and face restrictions on future transfer of the brace.
Stabilizing braces were designed to help people with disabilities use pistols. Since then, many others, including older persons, people with limited mobility and those with smaller stature have come to use the braces. For more than a decade, these braces have been sold as firearms attachments not subject to regulation.
Morrisey and the others say the rule, however, affects most all pistol and handgun owners — many lawful gun owners use stabilizers to prevent some recoil when using firearms and to help with accuracy.
“We should not be making it harder for senior citizens and people with disabilities — and many disabled veterans — to defend themselves,” Morrisey said. “I will continue stand up for the Second Amendment rights of all West Virginians.
“This is also another case of a federal agency not staying in its lane and doing the job the constitution clearly delegates to Congress — writing laws. The Separation of Powers clearly bars federal agencies from making new laws without Congressional directive.”
The lawsuit, filed February 9 in federal court in North Dakota, asks the court to declare unlawful and set aside the rule, among other things.
“In sum, ATF’s factors are little more than window dressing for the agency to reach whatever outcome it wants, regardless of the facts,” the complaint states.
Morrisey was joined in the lawsuit by more than 20 state attorneys general. The other plaintiffs are advocacy group Firearms Regulatory Accountability Coalition Inc., brace manufacturer SB Tactical, firearms importer and manufacturer B&T USA and Richard Cicero, a retired police firearms instructor and a wounded warrior who uses stabilizing braces.
U.S. District Court for the Western District of North Dakota case number 1:23-cv-00024
