The appeals court enjoined enforcement of the rule as Firearms Regulatory Accountability Coalition, Inc. v. Garland proceeds.
The district court previously denied the plaintiffs’ attempt to secure a preliminary injunction, but the Eight Circuit granted the relief sought.
The case was brought by a coalition of gun rights organizations and 25 states against the ATF. It sought the dismissal of the ATF rule that reclassified pistols equipped with stabilizer braces as short-barreled rifles.
This placed the handguns under the National Firearms Act of 1934 and the federal ban on machine guns, making them virtually impossible to legally own.
These braces, which are simple devices usually made of plastic, were invented over a decade ago to assist disabled veterans in continuing to enjoy the tradition of sport shooting. It is estimated that there are millions in circulation.
In June, Federal District Judge Reed O’Connor of the Northern District of Texas ruled the pistol brace rule “void.” He determined that the arbitrary ATF reclassification violated the Administrative Procedures Act by giving unelected bureaucrats the legislative power constitutionally bestowed on Congress.
O’Connor determined that the ATF Final Rule was not a logical outgrowth of the original proposal, which was subject to public commentary. This conclusion signaled that the agency overstepped its authority in changing the legal definition of a machine gun—an act that Congress had already undertaken.
The National Rifle Association (NRA) brought this previous legal action against the Final Rule, and the June decision preliminarily enjoined its enforcement against members of the venerable gun rights group.
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