Attorney General Gentner Drummond is praising a recent ruling by the U.S. Eighth Circuit Court of Appeals in favor of Oklahoma, a 25-state coalition and other plaintiffs fighting to block a new Bureau of Alcohol, Tobacco and Firearms (ATF) rule 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 said he is pleased with the victory and will continue fighting against 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.”
In addition to state attorneys general, plaintiffs include the Firearms Regulatory Accountability Coalition, firearm manufacturers and gun owners. The Eighth Circuit noted the ATF rule lacks clear guidance for gun owners and manufacturers to know whether they would be breaking the law.
“The Final Rule represents a sea change in how the ATF evaluates stabilizing braces,” the opinion states. “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 notes that its analysis is supported by a separate U.S. Supreme Court decision, Garland v Cargill, which struck down another illegitimate rule change by the ATF and the Biden Administration.
Original source can be found here.