A Wisconsin group is suing the Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of three U.S. veterans after the federal agency reclassified pistols with stabilizing braces as short-barreled rifles, requiring them to be registered.
By way of the National Firearms Act, the ATF is reclassifying the definition of such pistols with stabilizing braces, which are designed to be attached to a user’s forearm, as short-barreled rifles, designed to be fired from the shoulder.
The Wisconsin Institute for Law & Liberty filed the lawsuit Tuesday in U.S. District Court in Amarillo, Texas, shortly after the ATF’s rule went into effect when it was published in the Federal Register. The plaintiffs are all former Marines: Darren Britto, of Amarillo; Gabriel Tauscher, of Oconomowoc, Wisconsin; and Shawn Kroll, of Hartland, Wisconsin.
“These military veterans defended our country overseas, and now they are defending our rights here at home,” said Dan Lennington, WILL’s deputy counsel, said in a statement to Newsmax. “WILL is proud to represent these patriots. The Biden Administration has no power to reclassify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.”
A spokesperson for the ATF said in an email to Newsmax: “ATF is unable to comment on litigation.”
To comply with its rule change, the ATF said any pistols with stabilizing braces or similar attachments must be registered no later than 120 days after date of publication in the Federal Register, which would mean by May 31. The ATF said the short barrel device can be swapped for a longer rifle barrel, the stabilizing brace can be removed and disposed of or altered so it cannot be reattached, the firearm can be turned in to the ATF or the firearm can be destroyed.
The ATF said those who fail to comply with the new regulation could face up to 10 years in prison or a $10,000 fine or both.
Stabilizing braces were designed to help disabled shooters but they have grown in popularity throughout the U.S. with nondisabled shooters, as well. In an April 2021 report, the Congressional Research Service estimated “there are between 10 million and 40 million stabilizing braces and similar components already in civilian hands, either purchased as accessories or already attached to firearms made at home or at the factory.”
The lawsuit said the ATF is usurping “Congressional authority by significantly expanding the definition of ‘rifle’ under federal law and, with it, imposes potential criminal liability on millions of Americans exercising their Second Amendment rights.”