Biden Pistol Brace Ban Blocked! But Are You Covered? Read to Find Out!

Pistol Brace Rule from the ATF.
(Photo: ATF)

Estimated reading time: 3 minutes

Over the past week, there’s been a rapid succession of legal decisions regarding the Biden administration’s ban on pistol braces.

In Washington D.C., Judge Drew B. Tipton took center stage, hitting pause on the new rule. Gun Owners of America (GOA), the Gun Owners Foundation (GOF), and the State of Texas were behind this legal push.

This ruling not only covers all GOA members but also extends to anyone working directly for Texas and its agencies.

Erich Pratt, GOA’s Senior VP, dubbed this move an “assault” by Biden on gun owners, while GOF’s Sam Paredes hailed their partial halt of the rule as a message to anyone infringing on the Second Amendment.

“While Congress was slow to act on this wide-reaching rule, GOF stepped in to defend the millions of Americans facing legal jeopardy,” said Paredes in a press release obtained by GunsAmerica. “We are proud to have helped partially halt this rule, and hope it sends a message to anti-gunners hellbent on continuing the assault on the Second Amendment.” 

Are You Covered?

LawsuitJudge/CourtOrganizationWho is Covered
GOA, GOF vs. ATFDrew B. TiptonGun Owners of America (GOA)GOA members, Texas state employees
SAF vs. ATFJane J. BoyleSecond Amendment Foundation (SAF)SAF members
Mock v. Garland5th CircuitFirearms Policy Coalition (FPC)FPC members, Maxim Defense’s customers, individual plaintiffs’ resident family members

Meanwhile, over in Bellevue, WA, the Second Amendment Foundation (SAF) was busy challenging Biden’s Arm Brace Rule as well.

Along with Rainier Arms, LLC and two private citizens, they succeeded in clarifying a preliminary injunction by Judge Jane J. Boyle. To their relief, the injunction indeed covers SAF members.

“SAF has received numerous inquiries from individuals as to whether the injunction covered our members,” said SAF Executive Director Adam Kraut.

“We are pleased to see that Judge Boyle agrees with our interpretation and that our members are indeed protected under this injunction,” he added.

But the action doesn’t stop there. Down in New Orleans, the Firearms Policy Coalition (FPC) secured a win with the 5th Circuit Court in the Mock v. Garland case last week. The court confirmed that the injunction covers FPC’s members, Maxim Defense’s customers, and the plaintiffs’ resident family members.

Not Covered? Here’s What ATF Wants You To Do To Avoid Becoming A felon

Gun owners who are not covered by one of the injunctions could face felony prosecution. Possession of a short-barreled rifle without an appropriate tax stamp is prohibited under federal law.

Violation of these provisions can result in imprisonment for up to 10 years and/or a fine of up to $250,000 for individuals, or $500,000 for organizations, per the ATF.

In a social media post this month, the ATF presented comprehensive compliance options if the firearm with the stabilizing brace is classified as a short-barreled rifle under the Gun Control Act (GCA):

  1. Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm.
  2. Permanently remove and dispose of, or alter, the “stabilizing brace” so that it cannot be reattached.
  3. Turn the firearm into your local ATF office.
  4. Destroy the firearm.
  5. Register the firearm tax-free by May 31, 2023.

Important note: Simply removing the brace from the firearm is not sufficient, as GunsAmerica previously reported.

Conclusion

It’s been a big week for pro-gun organizations standing tall against an overreaching and unjust ban.

As they continue their battle, your support can make a difference. Consider joining or donating to SAF, GOA, and FPC to help safeguard gun rights. And stay tuned for updates, as the fight will no doubt rage on.

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  • Comanche August 11, 2023, 8:42 pm

    Praise the lord and God bless GOA, 2ND A.F. & FPC!
    COMANCHE OUT!

  • Sarg August 5, 2023, 9:04 pm

    The ATF should ban the hacksaw. Why? Because a bad guy can use a hacksaw to quickly make his rifle into an SBR or pistol. If you make tools illegal, then you will keep Americans “more-safe” from active shooters. The ATF should ban duct tape. This ban would prevent a bad guy from taping two small capacity mags together and prevent changing mags in 1.5 seconds.

  • Jim Corrin August 4, 2023, 3:24 pm

    The other option is to have your name changed to Hunter Biden and then no regulations will apply!

  • paul I'll call you what I want/1st Amendment June 5, 2023, 12:24 pm

    sounds like if you’re a registered democrat or a member of a left “activist” group you are covered and don’t need to do anything with your sbr

  • Robert Peterson June 5, 2023, 6:59 am

    “While Congress was slow to act on this wide-reaching rule, GOF stepped in to defend the millions of Americans facing legal jeopardy,” said Paredes
    Slow to react? How about derelict in their duty and responsibility to their constituents? Their idea of “doing something” is to hold hearings that resolve nothing, but do waste taxpayer dollars, and provide photo ops. To their defense, they were busy caving to Biden on the debt ceiling. Thank God that organizations like FPC, GOA, and the 2nd Amendment Foundation are there to cover our backs.
    On the brighter side; per the Babylon Bee, congress will be convening hearings chaired by AOC to get the maintenance dept. to repaint the debt ceiling.

  • Kbc.kurt June 2, 2023, 11:07 pm

    FJB.

  • Jobike June 2, 2023, 2:37 pm

    So why doesn’t the pause on the rule extend to the entire country? I’m not understanding that.

    • Kane June 3, 2023, 9:50 am

      My guess is that the 5th Circuit Court does NOT want to get to far over their skies and provide another court like the 9th Circuit Court to render a conflicting injuction. I think you still can become a litigant with full protection if you join the three lawsuites for around $20-$30 per case.

  • Jay Fisher June 2, 2023, 11:59 am

    That sounds like complete bullshit! So, certain citizens can own one, but the rest of us can’t! Thanks Texas!

    • Pantexan June 8, 2023, 9:38 am

      You are welcome.
      Move to a free state.

      • Hondo June 10, 2023, 2:38 am

        I wouldn’t be so smug they’re skippy, at the rate Californians are moving into Texas it won’t be long before that state turns to shit.

  • Steve June 2, 2023, 9:55 am

    I agree with all earlier comments! This is unconstitutional and I hope the ATF is abolished along with this whole Brandon administration answering for their overreach on American citizens!!!

  • John June 2, 2023, 9:52 am

    This is a good rule. These are short barreled rifles and you need a license to own a short barrel rifle. Why are people opposed to this rule? These are not pistol braces, fired by hand, these are shoulder mounted rifles with short barrels. If you want to have your pistol brace put a 16 inch barrel and be legal. I have owned a gun shop for 30 years and I do not sell these things. Why do you want a firearm that is fired shoulder mounted with a 5 inch barrel? Why? The NFA has been around since 1936 .

    • Kane June 2, 2023, 11:12 am

      The NFA has a bad case history from way back. Miller and Layton did NOT have competant counsel and Miller was killed before the court decision was rendered. Lots of problems with that legal process.

      Tell me, why is a 16″ barrel for a rifle or 18″ shotgun the minimun legal length that the US Constitution will allow? Are Glock 19’s ok with you? Edify the US.

      • allblues June 6, 2023, 2:00 am

        So you agree with the idea that having a rifle with a barrel that is 15.995 inches in length justifies sending someone to jail for ten years with a $250,000 fine for the crime of not paying a $200 tax to exercise a Constitutional right?

    • kb31416 June 2, 2023, 11:33 am

      John, are you the blue dog turd in disguise (it/what)?

    • Jay Fisher June 2, 2023, 12:05 pm

      So fucking what?! A shorter barrel gives you no advantage other than making the weapon capable of shorter shooting distance! I’m not maneuvering my firearm in a vehicle or anything like that! I’m a law abiding citizen when the law is plausible! These are just ignorant laws whittling down the 2nd amendment! People who sit in cubicles and have NEVER even shot a rifle are coming up with these bullshit laws! They think the capital was bad, wait until the civil war start’s between the government and the people who are tired of their complete bullshit!

    • Irish June 2, 2023, 11:53 pm

      My issue is that the ATF approved these as legal to own for the last 10 years!!! Had they done there job and deemed them short barrel rifles 10 years ago we wouldn’t be having this conversation but here we are! Now 10’s of millions of law abiding Americans like myself are criminals overnight. It’s bull shit!! Because of this I don’t trust the ATF to get the free Tax stamp either. One mistake and off to prison I go!

    • Comanche August 11, 2023, 8:24 pm

      J Fisher needs to ask the state they reside in why they didn’t join the pistol brace lawsuit like Texas did???

    • Comanche August 11, 2023, 8:30 pm

      Ignore Johnny boy, they don’t have a clue! SBR don’t require a license it requires a stamp and I doubt you own a gun shop just by the way your talking…
      Comanche out!

  • Dan Bobzin June 2, 2023, 8:44 am

    Defund the ATF. Its basic premise is unconstitutional. What part of infringed don’t they understand?

    • John June 2, 2023, 10:02 am

      Do you believe ANYONE should be able to own any weapon with no oversight? Full auto, larger than 1/2 bore, hand gernades, land mines? Are these rules infringing on your 2nd Ad rights

      • Keith44 June 2, 2023, 11:17 am

        (Are these rules infringing on your 2nd Ad rights)
        Yes.

      • Jay Fisher June 2, 2023, 12:15 pm

        You sir are an ignoramus! Who has grenades and such? Who?! Maybe criminals! But not me! Your just spouting bullshit! Probably one of the cubicle people sent here to spout nonsense and creep on this forum! I wish machine guns and grenades were legal! They’d be a lot of fun! Quit following the “nancies”! There’s absolutely NO reason a law abiding citizen needs our corrupt government to tell us what we can have! Hell to them all we are is a cash cow! Taxes! To them we are only their paychecks and money they can send to the Ukrain without our permission, whilst we and ours sit in this country and do without! When was the last time you remember the Ukrain doing anything for any of us! Our government is just protecting their investments in biological weapons! If you aren’t part of the solution! You are part of the problem!

      • Charlie Whiskey June 5, 2023, 7:43 am

        Wow, you raised the white flag of surrender faster than most ignorant leftists desperately trying to continue the disarmament process. You forgot to mention bazookas and F-15s in your tired talking point.

  • Mac June 2, 2023, 8:28 am

    Not sure I understand how something like this can “cover” one group of people and not everyone. What happened to equal protection under the law? Seems to me if a ruling covers anyone it should cover everyone. If I owned a AR style pistol with a brace, I would consider myself no less of a person if I did not belong to one of the organizations or groups specifically mentioned in the suits. The courts should not look at me any differently as plain old John Q. Public in Alabama than as John Q. Public who happens to be a member of GOA or lives in Texas. Especially with regards to Federal law. Seems like that would have to be a part of any legal defense if someone were actually charged under this ruling by ATF.

    • Rock June 2, 2023, 10:22 am

      Agreed. Seems you must BUY your own “justice”. Strange times.

  • Bruce Smith June 2, 2023, 8:05 am

    I wonder why having a short barreled rifle is a big issue, you can own a pistol, or a rifle, I don’t understand what does the barrel length have to do with whether a firearm is dangerous and the crime worthy of a 10 year prison term.

    • yamaholic June 2, 2023, 9:57 am

      Agreed – the SBR law is stupid, no doubt about that. I can understand the law against sawed-off shotguns to a point (although you can buy any number of .410 revolvers or the Thompson Contender which are all short barrel and capable of firing shotgun shells) but it makes no sense that the law says pistols are legal unless you add a stock! How is a 14″ barrel rifle more dangerous than one with a 16″ barrel? Especially since the sentence for breaking that law is so severe…I mean people actually kill people and get less prison time! Absolutely ridiculous…

    • John June 2, 2023, 9:58 am

      Concealed, easy to conceal a rifle with a 5 inch barrel. You can be in a place, school ,etc easier. Rifles fire much bigger ammo than pistols. The difference in a pistol and a rifle is a pistol can not be fired from the shoulder. A rifle can be fired from the shoulder. These ar 15 pistols can hold as much as 100 rounds of rifle ammo and are fired from the shoulder. Thus they are a rifle.

      • Rob June 2, 2023, 11:11 am

        As a retired Marine I can say “training” is ALL that is needed! People should 1) turn off the TV, 2) quit social media, so they can STOP being run like robots. The amount of garbage we suck in like sponges is crazies. I mean, this whole thing about “assault this and assault that”! For example there has NEVER been an assault weapon on the market. Assault is an “action”, one in which I can do with a spoon, a frying pan, anything that is in my hand, or even just my hand. Ask someone who has ever been charged with assault, they will tell you. Now, back to training. In the Marine Corps we fire a drill where we have a magazine change, fire 3 rounds from each of 2 mags from at 7 yard line in 5 seconds. Rifle or pistol, capacity doesn’t really matter. Training and proficiency is what makes a person lethal. With many pistols now having 21 rounds a well trained marksman could fire 5 magazines in the same amount of time, as someone who was firing 100 round drum. The type of weapon and or magazine “does not make it lethal not deadly.” However, the person handling it does. We are FAR BEYOND the time in this country were we need to realize the difference, and stop punishing the tool, and punish the fool! A weapon is simply a tool and if someone “choose” to use it for ill purposes then we MUST focus our attention on that person, NOT the tool.

      • Davron June 2, 2023, 8:15 pm

        Most of what you say is hedged in terms to make it seem correct, but are ridiculous. However, I will give you something to what argument you think you are making. A buttstock on any firearm makes it easier to control and less likely to miss. And inside a vehicle or in your home, a shorter barrel is easier to manuever. That sounds like traits you SHOULD want most people to have.

        There is literally nothing stopping a person who plans on being a criminal from attaching a shorter barrel to almost any rifle or to attach a full buttstock to most pistols. The only thing it stops are people who wish to attempt to be legal and have no desire to murder people or be murdered by tyranical leaders who will not protect them from the mobs they incite.

        I’m sorry that the second amendment violated your so thoroughly in you childhood that it is impossible for you to see reason.

      • Tactical R June 3, 2023, 7:29 am

        When was the last time you tried to conceal an AR with a hundred round drum.

      • Jim June 5, 2023, 7:14 am

        You do understand that the same magazine you are referring to can be used in a pistol as well. Stop watching the VIEW and do some reading before opening your mouth.

    • Anthony Fahmy June 2, 2023, 10:33 am

      So to summarize : almost no one is covered by these rulings.

      • Davron June 2, 2023, 8:18 pm

        Not almost no one. I’ve donated to two of these organizations, which is the bar of entry they make to becoming a member. I donated because unlike the NRA they actually attempt to fight court cases like this and they have produced results and need money to continue fighting.

    • Comanche August 11, 2023, 8:39 pm

      The progressive liberals don’t want you or I or anyone to own any kind of firearm period…

  • Frank June 2, 2023, 12:28 am

    CMMG joined the Texas lawsuit… so are their products covered?

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