In an affirmation of the constitutionally guaranteed Second Amendment rights of Americans, a federal appeals court has passed a ruling this week that could be a game-changer for peaceable gun owners nationwide. It deemed a regulation from the Biden administration that aimed to crack down on stabilizing braces for firearms to be potentially illegal. Consequently, the case has been referred back to a judge for further review.
Stabilizing braces, alternatively known as pistol braces, are devices that “[provide] surface area that allows the weapon to be fired from the shoulder,” as described by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Earlier this year, the agency had moved to reclassify firearms equipped with these braces as rifles, thereby imposing more stringent ownership restrictions.
Owners of firearms fitted with pistol braces were left with a limited set of choices – they could either register their weapon, modify or destroy it, dispose of the brace, surrender their firearm to the ATF, or risk criminal charges.
In a bold move that fortifies the rights of gun owners, a challenge to the ATF’s decision was lodged by the Firearms Policy Coalition, a gun rights group. In a significant ruling favoring the plaintiffs, the 5th U.S. Circuit Court of Appeals deemed the ATF’s action of targeting stabilizing braces to have bypassed an essential step – giving the public an opportunity to comment on the regulation.
This decision, built upon the Administrative Procedure Act, upholds that agencies must provide public notice of proposed decisions and invite input from interested parties. Judge Jerry Smith pointed out that although a public comment period on the proposed rule was provided in 2021, the dramatic deviation of the final regulation from the original proposal amounted to “a rug-pull on the public.”
Judge Don Willett concurred and extended the viewpoint that the regulation could potentially infringe upon Americans’ Second Amendment right to bear arms.
The ruling has been welcomed by gun rights advocates as a pivotal victory for peaceable gun owners across the nation. Cody Wisniewski, the attorney representing the Firearms Policy Coalition, lauded the decision, while the ATF and the Department of Justice refrained from commenting on the court’s ruling.
Now, the restrictions on pistol braces are temporarily blocked, with the case sent back to U.S. District Judge Reed O’Connor, who originally declined to block the regulation. It’s now up to him to decide if the rule can be enforced while the case continues.
This ruling underscores the importance of public involvement in government decision-making and reaffirms the critical need to protect and preserve our constitutional rights, including the Second Amendment right to bear arms. For conservatives, it’s a reminder of the essential role of vigilant watchdogs in safeguarding those rights against potentially overreaching regulation.
