Posted BY: Teresa | NwoReport
Two new lawsuits are fighting back against a Biden administration rule that took aim at the use of stabilizing braces with pistols.
In a release at the time of the rule’s unveiling, Attorney General Merrick Garland said the rule would crack down on those who sought to transform pistols into short-barreled rifles, which are regulated under the National Firearms Act.
But according to the veterans and others suing to block the rule, the latest federal action is wrong-headed overreach.
In one lawsuit, the Firearms Policy Coalition and Texas residents William Mock and Christopher Lewis are suing the Bureau of Alcohol, Tobacco, Firearms and Explosives, its director, the Department of Justice, and Attorney General Merrick Garland.
“Federal agencies do not have the power to write new laws, and yet the ATF continues to attempt to expand its authority using the federal rulemaking process,” Cody Wisniewski, the coalition’s senior attorney for constitutional litigation, said in a statement, according to The Hill.
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“This ‘rule’ is, in effect, a federal law that will transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for decades.”
The lawsuit argues that the Constitution is violated along with the Administrative Procedures Act, noting that while Congress gave ATF leeway to regulate rifles, the Biden administration has gone beyond that by trying to treat pistols with braces as rifles.
The lawsuit said braces are nothing new.
“Stabilizing braces are analogous to their Founding Era predecessors in that they allow gun owners to customize pistols to facilitate easier and more accurate one-handed shooting. The Final Rule makes what has been an unregulated historical practice for centuries nearly impossible for those individuals with a stabilizing brace,” the suit said.