ATF Sued for Arm Brace APA Violations

(Photo: ATF)

BELLEVUE, WA – The Second Amendment Foundation today filed a lawsuit in federal district court against the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice, alleging violations of the Administrative Procedures Act relating to its flip-flop regulation of arm braces on semiautomatic pistols.

SAF is joined by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit also names acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

“There are several issues at play in this case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities.

“We think it is also important to file this case now,” he continued, “because the incoming Biden administration has made no secret it intends to take various regulatory actions and issue executive orders directly affecting gun owners. We’re putting the new administration on notice we will be watching their every move where the Second Amendment rights of American citizens are concerned.”

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Plaintiff Walley is a distinguished disabled Army veteran who suffered a traumatic injury while serving in Afghanistan in 2012. He was wounded by an improvised explosive device resulting in partial amputation of his right leg and left arm, and a salvaged left leg limb.  He uses arm braces to stabilize firearms he shoots recreationally.

Green is a police officer who suffered a line-of-duty injury resulting in permanent nerve damage to his right hand. He also uses arm braces to stabilize firearms while he is shooting.

“With some two million arm braces now in common use,” Gottlieb observed, “BATF can’t just regulate an accessory like this and constantly leave people confused. We’re asking the court for an injunction to prevent this sort of thing from happening again.”

Plaintiffs are represented by attorneys Chad Flores, Hannah Roblyer and Daniel Nightingale at Beck Redden LLP in Houston, and Matthew Goldstein at Farhang & Medcoff in Tucson.

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{ 19 comments… add one }
  • Don January 25, 2021, 11:59 am

    Let’s all get down to some basic truths. First of all, I have no problem with a pistol brace on a rifle caliber pistol. Second of all, I’m not in favor of any barrel length restrictions on fire arms. That was originally brought about to keep people from hiding rifles and shotguns under their coats. The powers that be thought that a rifle caliber was more powerful than a hand gun and therefore didn’t want to be at a disadvantage. At distances where an individual can actually control a rifle caliber pistol off hand with one hand and keep it accurate enough to defend one’s self is fairly short. But… A 500 S&W and an AR-15 will both ruin your day big time, so I see no need in defining barrel length. Unfortunately, there are laws on the books that govern barrel length for rifles, shotguns, and pistols that have been around for some time. The pistol brace is a great way to control a rifle caliber pistol, especially for those who are disabled. We are doing the disabled a great disservice when we try to cheat the system. This garbage about hillbillies has got to stop. I’ve watched hundreds of videos, mostly of ammunition reviews, of people using a 10 or so inch barrel length AR-15 for the review. Not just from the south, or so called hillbilly country, but from all over the nation. Every single video I watched, the reviewer charged his or her AR-15 pistol, complete with brace directly to their shoulder. I believe we don’t actually need these restrictions, but it’s difficult to defend them when people try to circumvent the system. Instead of griping at each other and calling each other names, lets use our energy and unite to change the system. Regardless of the length of a weapon, and this includes compound bows and cross bows, when a projectile leaves that weapon, it will either bring home bacon, or leave someone in a lot of hurt. So let’s change the system!

  • Robert Lee January 22, 2021, 4:47 pm

    This is all rearranging the deck chairs on the Titanic as it’s sinking… I think that is why ATF rescinded the ban on pistol stocks… they know that a total ban is just around the corner. Why have a incremental ban when the big wet dream is eminent? Any implementation of the Communist agenda relies on disarmament of the populace… and make no mistake, that is what we have here. You may not think these incompetent liberal morons can pull this off but people behind them that have been corrupting them for many years can… China has been playing the long game and it now comes to fruition… The only question is how it will end (Not with a bang but a whimper?)

  • Big Jim January 22, 2021, 3:00 pm

    The law is the problem, not the hillbillies. Fearful bootlickers like yourself don’t help either. Stay home with your China virus mask on.

  • CZ January 22, 2021, 9:18 am

    For those of you that didn’t vote/support Trump.
    This is the first salvo.
    Soon will come (by Executive Order) ghost gun/ no serial number ban,
    High captivity (over 7 rounds) ban,
    Black gun ban,
    Semi automatic rifle ban,
    High ammo purchase taxes,
    Scary gun ban,
    Universal gun registration,
    Anti 2A legislation out the wazoo
    On and on and on.

    • Russ January 22, 2021, 12:09 pm

      You are exactly right. Sheep who vote for liberals and Creepy Joe have screwed it for everyone. Too bad this stupidity cant only target the sheep who voted liberal. Unfortunately their stupidity and short sightedness affects us all. Pathetic.

    • DocLoch January 22, 2021, 2:33 pm

      Wake up people! No one voted for Joe Biden or Kamala Harris. Remember I watched the testimonies and the evidence. The elections are rigged! If you think voting helps you need to stop being part of the problem.

      • KEN January 23, 2021, 11:12 am

        You forget! People did vote for them, but not as many that got counted loophole? Those last 5 states didn’t like the results, so they had to find a way!

  • Jeremy January 22, 2021, 7:23 am

    Fascism by its very nature is confusing by design. The fear and terror created by forcing average citizens to constantly cope with rapidly and randomly shifting regulations is a useful tool for those enforcing the Laws. The ATF knows this all too well.

  • Blue Dog (he/him) January 20, 2021, 9:21 am

    It is a shame that the ATF has flip-flopped on these arm braces, but which interpretation is correct? Are these arm braces being commonly used by end-users of the product as stocks? How often do you hear some smug hillbilly bragging about basically making an illegal SBR conversion with one of these brace-stocks?

    • Red Dog (she/her) January 21, 2021, 5:01 pm

      So your one of those trolls that go around to different 2nd amendment type sites to spew your garbage, because you just can’t leave people alone and have to try to infect us with your disgusting view points. Well I’m sure we all see you for who you are. A fascist hiding in liberal clothes and most certainly a crazy white person who feels America should be punished and an individual who wants to destroy the Nuclear family who says Happy Holidays instead of Christmas because you don’t celebrate Christmas. Go Fuck yourself.

    • Pat Riot January 22, 2021, 6:44 am

      Really? Stereotyping and ad-hominem attacks? That’s all you’ve got?

      The bottom line is BATFE is NOT a legislative body. They are enforcement. Acessories are NOT firearms. A firearm is clearly defined:

      fire•arm fīr′ärm″►
      n. A weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.
      n. A weapon from which a missile, such as a bullet, cannon-ball, shell, etc., is expelled by the combustion of gunpowder or other similar explosive. Pistols, muskets, cannon, etc., are firearms.
      n. A gun, pistol, or any weapon from which a shot is discharged by the force of an explosive substance, as gunpowder.

      • Greg January 22, 2021, 12:44 pm

        Gun powder is not a explosive,
        Gasoline is not a explosive.
        They are excellent.
        Huge difference.

        • Greg January 22, 2021, 12:48 pm

          Not excellent
          Excellerant

        • KEN January 23, 2021, 11:16 am

          Don’t forget primers are just a start?

    • Erik January 22, 2021, 10:49 am

      Blue Dog (he/him) you re totally right. Because of those hillbilly uneducated idiots bragging around in public how they beat law and made they own sbr from arm brace pistols now law abiding citizens will pay price as always yet those hillbilly idiots will blame government if they ban some arm brace pistols styles. They will never learn.

      • KEN January 23, 2021, 11:20 am

        What you forget is the upstate retards that call in or write the the atf for clarification! When you point 1 finger there are 3 pointing back at you!

    • Thoughtful(you’re kidding, right) January 25, 2021, 10:04 am

      Blue Dog, your widesweeping language of “hillbilly” provides insight to your socialist viewpoint. Why does the left always feel as if they are superior to their fellow citizens? Please explain how a rifle with a barrel that is 15.5 inches long is more deadly than one with a barrel measuring 16.25 inches. Simply put, there is no evidence that supports that viewpoint, yet that is the ATF’s position. “ A thousand cuts” is the agenda with an unarmed populace the end goal. With an armed society, we are citizens……unarmed?, we are but peasants and “hillbillies”. You, Sir(him/he) are the textbook example of the term “useful idiot” God help us.

    • Dave Emery January 25, 2021, 3:11 pm

      So what’s wrong with being a hillbilly? I guess you’d better go wax your mangina there city boy.

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