Attorney General Gentner Drummond has praised a recent ruling by the U.S. Eighth Circuit Court of Appeals in favor of Oklahoma, a 25-state coalition, and other plaintiffs challenging a new Bureau of Alcohol, Tobacco and Firearms (ATF) rule. The contested rule seeks to reclassify pistols equipped with stabilizing braces as National Firearms Act-regulated short-barreled rifles. The decision announced last week reverses a lower court’s denial of a preliminary injunction on the rule and sends the lawsuit back to district court.
Drummond expressed satisfaction with the victory and reiterated his commitment to opposing the rule. "The rule would add unnecessary regulations to millions of firearms that have been possessed legally for years," he said. "It far exceeds the ATF’s authority and I look forward to continue fighting against this blatant overreach by the Biden-Harris Administration."
Plaintiffs in this case include state attorneys general, the Firearms Regulatory Accountability Coalition, firearm manufacturers, and gun owners. The Eighth Circuit highlighted that the ATF rule lacks clear guidance for gun owners and manufacturers regarding legal compliance.
"The Final Rule represents a sea change in how the ATF evaluates stabilizing braces," stated the opinion. "The consequence of the ATF’s about-face is that many individuals, relying on the ATF’s previous classifications, were apparently committing felonies for years by possessing braced weapons."
The opinion also noted that its analysis is supported by a separate U.S. Supreme Court decision, Garland v Cargill, which struck down another rule change by the ATF and the Biden Administration.
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