When it comes to enforcement of unconstitutional rules, gun owners are often told “don’t believe your lying eyes.” A recent letter penned by 13 U.S. Senators calls out the ATF’s continued enforcement of Biden-era pistol brace rules that have been struck down in court. The letter serves as a warning for the gun owner community.
The April 15 letter addressed to Daniel Driscoll, Acting Director Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), points out that the 2023 Biden-era rule, which reclassified nearly all brace-equipped pistols as short-barreled rifles, compelling owners to surrender, destroy, dismantle, or register their firearms, with criminal penalties attached for non-compliance, is still being enforced by the ATF. The rule was struck down in a 2024 District Court ruling.
Interestingly, the letter points out that only 0.6% to 8% of braced pistols were estimated to have been registered within the 120-day “amnesty” period.
The letter states, “Now, however, it appears that ATF has no intention of backing down. In another ongoing case brought by the State of Texas and Gun Owners of America, ATF suggests that it can and will continue enforcing the underlying legal theory behind the rule – that braced pistols qualify as short-barreled rifles under the NFA.”
We have covered the ATF’s admission in a related article on the DOJ’s admission.
The joint letter lays out the unconstitutionality of the rule, stating, “In our view, the Final Rule cannot be salvaged either in substance or in form. We believe that any attempt to extend the NFA’s onerous requirements to the untold millions of citizens who already own braced pistols cannot pass constitutional muster.”
The Senators also underscore why the Supreme Court needs to hear a significant hardware case soon, writing, “Stabilizing braces, like the handguns they modify, are neither dangerous nor unusual. They are owned by tens of millions of Americans who rely on these attachments to improve the stability of their handguns. Far from being a dangerous modification, pistol braces make these weapons safer.”
The letter concludes with a three-part request that the ATF:
- Issue a public statement of non-enforcement
- Issue an interpretive rule clarification
- Enter into a legally binding consent agreement
The letter was jointly signed by the following Senators:
- Bill Cassidy (R-LA)
- John Barrasso (R-WY)
- John Cornyn (R-TX)
- Kevin Cramer (R-ND)
- Mike Crapo (R-ID)
- Ted Cruz (R-TX)
- Steve Daines (R-MT)
- Lindsey Graham (R-SC)
- Cindy Hyde-Smith (R-MS)
- John Hoeven (R-ND)
- Jim Justice (R-WV)
- Jim Risch (R-ID)
- Tommy Tuberville (R-AL)
