The judge granted the plaintiffs’ motion for summary judgment and ordered the rule vacated.
A federal judge in Texas has overturned a rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) that targeted pistol attachments known as “stabilizing braces” or “pistol braces” and treated pistols fitted with such devices as short-barreled rifles, subjecting them to various restrictions.
In a 12-page decision issued on June 13, U.S. District Judge Reed O’Connor ruled that the ATF’s rule that treated roughly 99 percent of pistols fitted with the braces as short-barreled rifles violated the Administrative Procedures Act’s procedural requirements because it was not a “logical outgrowth” of the proposed version of the rule.
“The Court finds that the adaptation of the Final Rule was arbitrary and capricious for two reasons,” Judge O’Connor wrote. “First, the Defendants did not provide a detailed justification for their reversal of the agency’s longstanding position. And second, the Final Rule’s standards are impermissibly vague.”
The judge granted the plaintiffs’ motion for summary judgment and ordered the rule vacated. The plaintiffs in this case are two individual members of the Firearms Policy Coalition (FPC), Maxim Defense, and FPC.
FPC President Brandon Combs said the ATF had “lawlessly acted to turn millions of gun owners into felons.”
“FPC members should be proud of what was accomplished today. We look forward to defending this victory on appeal and up to the Supreme Court, just as we have in other cases,” Mr. Combs said in a statement.
He said he expects the defendants, which include the ATF and the Department of Justice (DOJ), to appeal.
The Epoch Times has reached out to the ATF and DOJ with requests for comment on the ruling and whether they intend to appeal.
Background
The pistol stabilizing brace was invented more than a decade ago to assist the disabled and others who may need help shooting large-format pistols built on the AR-15 and similar platforms. The accessory attaches to the rear of the pistol and the shooter’s forearm, enabling a steadier aim while holding the firearm with one hand.
By Tom Ozimek
