Arkansas joins in lawsuit against ATF

Arkansas joined 24 other states in suing the federal Bureau of Alcohol, Tobacco, Firearms and Explosives on Thursday to block a recent regulation that restricts ownership of stabilizing braces for firearms, Attorney General Tim Griffin said in a news release, calling the ruling unlawful.

The change went into effect Jan. 31 and affects a variety of products sold as stabilizing braces meant to attach to a gun. The agency determined that these braces, which are ostensibly marketed to people with disabilities, have been used to circumvent the 1968 National Firearms Act when gun owners have used them as shoulder stocks to mitigate recoil.

Griffin said in the release that the change represents governmental overreach.

“Congress didn’t grant President Biden’s ATF the authority to impose such a broad and sweeping mandate on Americans, and we’re asking the Court to immediately block it,” he wrote.

The ATF ruling changes the agency’s definition of a rifle to clarify that the wording “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes when these stabilizing braces are used to fire a rifle from the shoulder, the agency’s website states.

Opponents argue that the braces have been legal for many years and are widely popular. Under the new ruling, rifles with barrels less than 16 inches long that have these braces on them are classified as short-barreled rifles, which are restricted under the National Firearms Act and require the owner to register them with the ATF and pay a $200 fee.

According to the ATF’s website, weapons with stabilizing braces that are now considered short-barreled rifles under the ruling must be registered by May 31.

“Stabilizing braces were designed to help people with disabilities use pistols, and they have become increasingly popular with senior citizens,” Griffin said. “The rule, however, affects most pistol owners, as many lawful gun owners use stabilizers to mitigate firearm recoil and enhance accuracy.”

Aside from the 25 states, the lawsuit names as plaintiffs the Firearms Regulatory Accountability Coalition, NST Global doing business as SB Tactical, B&T USA and Richard Cicero. The National Rifle Association’s Institute for Legislative Action on Thursday also announced it was backing the suit.

The Firearms Regulatory Accountability Coalition is an advocacy group for firearms manufacturers and importers, the group’s site says, while NST Global and B&T USA are manufacturers of guns and gun accessories.

Richard Cicero is a U.S. Army veteran who lost his right leg and arm in a explosion while serving in Afghanistan in 2010, according to website of the U.S. Department of Defense’s Congressionally Directed Medical Research Programs. On the site is a photograph of Cicero shooting an AR-15-style pistol while using a stabilizing brace.