A federal appeals Court ruled this week that a Biden administration regulation cracking down on stabilizing braces for firearms is likely illegal and sent the case back to a judge for review.
Stabilizing braces, also known as pistol braces, â surface area that allows the weapon to be fired from the shoulder,â according to the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
In January, the agency targetedGuns equipped with the braces, reclassifying such firearms as rifles and thus imposing harsher restrictions on their ownership.
Americans who own pistol braces were given several options: register their weapon, modify or destroy the weapon, permanently remove and dispose of the brace, hand the firearm over to the ATF, or become criminals.
The ATFâs decision was challenged by a gun rights group, and on Tuesday the 5th U.S. Circuit Court of Appeals ruled in favor of gun owners, Reuters reported.
The Court ruled 2-1 that the ATF targeted stabilizing braces without giving the public the chance to weigh in on the regulation.
Under the Administrative Procedure Act, agencies are required to provide public notice of proposed decisions and allow people with an interest in those decisions to offer feedback.
Judge Jerry Smith noted that the ATF did provide a public comment period on the proposed rule in 2021, but that the final regulation was so different from the proposal that it amounted to âa rug-pull on the public.â
Judge Don Willett agreed and added that the rule might violate Americansâ Second Amendment right to bear arms.
Judge Stephen Higginson, who dissented, argued that the regulation did not need public comment because it âmerely interpreted a law passed by Congress,â Reuters reported.
The legal challenge was filed by a gun rights group called the Firearms Policy Coalition. Cody Wisniewski, the groupâs attorney, praised the ruling as âa huge win for peaceable gun owners across the nation.â
Neither the ATF nor the Department of Justice commented on the Courtâs decision, according to Reuters.
The Fort Worth Star-Telegram reported that the panel extended a temporary block of the restrictions on pistol braces and sent the case back to U.S. District Judge Reed OâConnor, who refused to block the regulation in March.
OâConnor will decide whether the rule can be enforced while the case moves forward.
Higginson, the dissenting judge in Tuesdayâs decision, was appointed to the bench by former President Barack Obama. Smith and Willett were appointed by Presidents Ronald Reagan and Donald Trump, respectively.
This article appeared originally on The Western Journal.
