Since the ATF first issued it’s new ban on arm braces, a flurry of court challenges has bogged the agency. The most recent ruling from the 5th circuit court of appeals in New Orleans “cast doubt” on the ATF ban. It also extended the order barring the ATF from enforcing a pistol brace ban during the court process. The case in Mock vs Garland awarded the plaintiffs relief from the pistol brace ban until the district. The 5th circuit said “The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative.” It went on to say “The final Rule affects individual rights, speaking with the force of law and specifically implicates private interests.”
The extinction will expire 60 days from the date it was issued to allow the district court to to issue a ruling. This is a step in the right direction, however it only provides relief for the clients. Maxim Defense, it’s customers, the FPC (Firearms Policy Coalition), and it’s members are protected during the case. A stabilizing brace is an attachment for the back of a pistol to help someone shoot it with one hand. These types of braces are extremally popular on AR-15 rifles. One of the biggest issues with the ATF ruling is that it gave the stamp of approval once before. When pistol braces were first released, the ATF said there was no problem with them. It even stated it was ok to place the brace against your shoulder when shooting.
What is a stabilizing brace?
Once the ATF gave pistol braces a green light, sales took off. For years AR-15 rifles with stabilizing braces were more common than full-length rifles. By full-length, I’m referring to the barrel length. If the barrel of a rifle is under 16-inches, it is subject to NFA (national firearms act) which requires registration. An AR-15 pistol, is an AR-15 rifle with no stock and a short barrel rifle. The pistol brace or stabilizing brace, supports the weapon while shooting it with one hand. Regardless of how a pistol brace is used, the legality of the ATF’s rule is much bigger. We have congress for passing laws in our country. The ATF should enforce those laws, not make new ones.
When the ATF ruled that pistol braces were ok, millions of people purchased them. Now they are saying wait, we changed our mind. This means the ATF can change it’s mind, reclassify a weapon and then arrest, fine and imprison people. All for owning a device the ATF itself said was legal to begin with. It will be interesting to see where this goes, but with any luck and some common sense, our courts will strike the ATF rule down permanently. Check back with us for the latest updates.