Gun rights advocates earned a significant victory Friday when the 8th U.S. Circuit Court of Appeals determined the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) final rule on pistol stabilizing braces was "arbitrary and capricious."
In a 2-1 decision, the three-judge panel in St. Louis reversed an order by a district court that denied the plaintiffs a preliminary injunction, concluding the plaintiffs will likely succeed with their "arbitrary-and-capricious challenge," The Daily Caller reported.
The plaintiffs included the Firearms Regulatory Accountability Coalition, an advocate of firearms manufacturers, importers, and their customers; 25 state attorneys general; SB Tactical, a stabilizing-brace manufacturer; B&T USA, a firearm manufacturer; and an individual owner of braced weapons. The National Rifle Association Institute for Legislative Action (NRA-ILA) supported the case.
The ATF's final rule reclassified pistols equipped with stabilizing braces as short-barreled rifles, subjecting them to regulation under the National Firearms Act of 1934.
"Once again, the judicial branch has correctly reined in unlawful rulemaking by the ATF," Randy Kozuch, executive director of the NRA-ILA, said in an email to Newsmax. "The NRA is proud to support this challenge brought by FRAC and SB Tactical to further protect the Second Amendment rights of peaceable Americans."
Judge L. Steven Grasz, a Donald Trump appointee, wrote the majority decision and was joined by Judge Raymond Gruender, a George W. Bush appointee. The dissenting judge was Bobby Shepherd, also a George W. Bush appointee.
The states involved were Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Republican Missouri Attorney General Andrew Bailey argued in the lawsuit that many pistol brace owners, including older people, people with limited mobility, and those with smaller statures, will be penalized by the rule. Bailey noted "many lawful gun owners use stabilizers to prevent some recoil when using firearms" to help with accuracy.
"As Attorney General, I will defend the Constitution every single time, especially when the Biden-Harris administration moves to eradicate Missourians' Second Amendment rights," Bailey said Friday in a news release.
"The Constitution was meant to be a floor, not a ceiling, for our God-given rights. We will continue to do everything in our power to safeguard Missourians' right to keep and bear arms against encroachment by unelected federal bureaucrats."
Said Republican Iowa Attorney General Brenna Bird on Friday in a news release: "This victory upholds Americans' constitutional rights and stops the Biden-Harris ATF's illegal attempt to make millions of law-abiding citizens felons overnight. As attorney general, I will continue fighting back against the Biden-Harris administration's aggressive power grabs and to defend Iowans' constitutional rights."