Two dozen states line up to sue Biden admin over gun mount rule – zoohousenews.com
- February 13, 2023
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(Natural News) States are rushing to join a class-action lawsuit against the Biden regime over a rule issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives that bans a popular buttstock accessory on certain firearms.
So far, 24 states have joined the lawsuit over the rule, which subjects the stabilization braces to federal regulations, according to The Epoch Times.
“The legal challenge, led by West Virginia Attorney General Patrick Morrisey, argues that the new rule represents an abrupt reversal of the “BATF’s” longstanding position on stabilizing braces and violates the statutory language and history of the National Firearms Act ( NFA) and the Gun Control Act (GCA),” the outlet reported. “The new ATF rule, called Factoring Criteria for Firearms with Attached Stabilizing Braces, classifies pistols equipped with stabilizing braces or pistol braces as short-barreled rifles, making them subject to federal regulation.”
Legal gun owners who use the suspenders must comply with laws that regulate guns, including the NFA, which means they must apply for a permit, be included in a federal gun database, provide fingerprinting to the ATF, pay a fee, and then faced limitations on her ability to transfer the braces in the future, the outlet noted.
The lawsuit says the new rule will require millions of law-abiding Americans to make a choice between losing their legally acquired guns, losing their privacy, or facing criminal penalties.
“Frustrated by the inaction of Congress, the President of the United States ordered the ATF to abandon a decade of practice under an established legal framework and to treat ‘pistols modified with stabilizing clips’ as ‘subject to the National Firearms Act,'” reads the Legal action. while continuing to assert that the BATF’s rule is arbitrary and unpredictable and that the standard set to determine if a splint is designed and intended to be worn is unworkable and unclear.
“Let’s call it what it is: an attempt to subvert Americans’ Second Amendment rights,” Morrisey said in a statement. “This is an outrageous final rule that turns millions of ordinary firearm accessories into ‘short-barreled rifles.’ This is a completely nonsensical rule.”
West Virginia AG also said the rule was “part of the Biden administration’s continued assault on legitimate gun owners.”
The lawsuit states that the rule violates the text, history and purpose of the NFA and GCA and should therefore be considered illegal.
“Congress enacted the NFA to regulate ‘sawn-off guns’ and other dangerous weapons favored by criminal ‘gangsters'[s]’ for concealability and indiscriminate accuracy, and specifically left ‘without any qualification’ ‘pistols and revolvers and sporting arms,'” the lawsuit states. “In contrast, the rule regulates pistols and other firearms on the basis of accessories known as orthotics designed to make them less concealable, more accurate and less dangerous, thereby undermining public safety.”
The stabilizing braces were originally designed to help people with disabilities use pistols. However, they have been adopted by a wider range of gun owners, including elderly citizens and those with limited mobility, to reduce the gun’s recoil and improve the shooter’s accuracy.
“We shouldn’t make it harder for seniors and people with disabilities — and many disabled veterans — to defend themselves,” Morrisey said. “I will continue [to] Stand up for the Second Amendment rights of all West Virginians.”
“This is also another case of a federal agency getting off track and doing the work that the Constitution clearly delegates to Congress — writing laws,” he added. “The separation of powers clearly prohibits federal agencies from enacting new legislation without direction from Congress.”
The lawsuit was filed in the US District Court for the District of North Dakota Western Division.
“As long as I am attorney general, we will never willingly surrender the cherished freedoms of Hoosiers to the whims of federal bureaucrats,” Indiana Attorney General Todd Rokita said in a statement. “This is a clear case of executive overreach and we expect to prevail in this lawsuit.”