Despite the agency’s apparent belief to the contrary, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is not above the law.
A surprising communication from the embattled bureau reported in Ammoland News clearly indicated its intent to disregard judicial rulings on the legality of pistol stabilizer braces. First, some background.
In 2023, the ATF unilaterally overrode congressional lawmaking authority by declaring that pistols equipped with stabilizer braces were now short-barreled rifles.
This placed these weapons under the National Firearms Act of 1934, requiring each to have a $200 tax stamp and be registered with the federal government. Multiple lawsuits from Second Amendment advocacy organizations quickly followed.
Plaintiffs noted the inherent vagueness of the pistol brace rule, and the courts ultimately agreed.
A nationwide injunction against the rule was issued later in 2023, and the following year, the U.S. District Court in Texas overturned the ATF’s contentious regulation.
Last month, a member of Gun Owners of America (GOA) received a reply from the ATF concerning an inquiry on the pistol brace ban. The unsigned note indicated that the agency would ignore multiple court rulings and injunctions and continue enforcing the rule.
The nebulous response argued that, despite the prohibition, the agency would still act on its interpretation.
GOA Senior Vice President Erich Pratt wrote a heated response to the ATF’s Megan Bennett, the Office of Enforcement Programs and Services assistant director.
“Not only is this spurious theory too cute by half, but it also likely violates the orders of the numerous courts who have expressly stated that [the] ATF may not enforce the legal theories advanced in the Rule,” Pratt explained.
The ATF, which will soon be under new leadership, is about to face a day of reckoning. Despite its apparent belief, the agency cannot simply ignore court rulings with which it disagrees.
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