The Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a new rule that would reclassify pistols with stabilizing braces as short-barreled rifles (SBRs). This is a clear violation of the Second Amendment, and it is an attempt to restrict the rights of law-abiding gun owners.
Stabilizing braces are devices that are attached to pistols to help shooters stabilize their aim. They are often used by disabled veterans and other individuals who have difficulty shooting a pistol without a brace. The ATF’s new rule would make it a crime to possess a pistol with a stabilizing brace, unless the pistol is registered with the ATF as an SBR.
The ATF’s new rule is unconstitutional for several reasons. First, it violates the Second Amendment. The Second Amendment protects the right of the people to keep and bear arms. The ATF’s new rule would effectively ban millions of pistols that are currently in the hands of law-abiding gun owners.
Second, the ATF’s new rule is arbitrary and capricious. The ATF has never before classified pistols with stabilizing braces as SBRs. In fact, the ATF has explicitly stated that pistols with stabilizing braces are not SBRs. The ATF’s sudden reversal of its position is a clear example of arbitrary and capricious rulemaking.
Third, the ATF’s new rule is procedurally flawed. The ATF did not follow the proper procedures for issuing a new rule. The ATF did not publish a proposed rule in the Federal Register, and it did not give the public an opportunity to comment on the proposed rule.
The ATF’s new rule is an unconstitutional attack on the Second Amendment. It is an attempt to restrict the rights of law-abiding gun owners. The rule should be challenged in court, and it should be overturned.
In addition to the legal arguments against the ATF’s new rule, there are also practical reasons why the rule is a bad idea. Stabilizing braces are a valuable tool for disabled veterans and other individuals who have difficulty shooting a pistol without a brace. The ATF’s new rule would make it more difficult for these individuals to defend themselves.
The ATF’s new rule is also a bad idea because it is a slippery slope. The ATF has already shown that it is willing to reinterpret the law to restrict the rights of gun owners. If the ATF is allowed to get away with this, it is only a matter of time before the ATF starts reinterpreting the law to restrict other rights, such as the right to free speech.
The ATF’s new rule is a dangerous and unconstitutional attack on the Second Amendment. It must be challenged in court and overturned.