BELLEVUE, WA – The Second Amendment Foundation today filed an amended federal complaint challenging the
Biden administration’s new “Arm Brace Rule,” accusing the government of violating the Administrative Procedures
Act, the Second Amendment and the Due Process Clause of the 14th Amendment.
Joining SAF in this legal action are Rainier Arms, LLC and two private citizens, Samuel Walley and William Green.
They are represented by attorney Chad Flores at Beck Redden LLP of Houston, Texas.
Defendants are the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Director Steve Dettelbach, the
Department of Justice and Attorney General Merrick B. Garland. The complaint was filed in U.S. District Court for
the Northern District of Texas, Dallas Division. The case is known as SAF, et.al. v. ATF, et. al.
“The Biden administration’s new ‘arm brace rule’ is a marked departure from the ATF’s previous position about
whether pistols with arm braces are legally considered pistols,” said SAF founder and Executive Vice President Alan
M. Gottlieb. “This dramatic shift in policy leads us to conclude the president, through his agency directors, is
moving to change the definition of pistols fitted with these braces to be ‘rifles,’ and thus subject to the National
Firearms Act. In so doing, the administration has turned millions of law-abiding pistol owners into criminals who
suddenly own guns now defined as ‘short-barreled rifles.’ This is unconscionable.”
“Joe Biden is continuing to use ATF as a means to circumvent Congress,” added SAF Executive Director Adam
Kraut, “and this new rule is his administration’s latest attempt. He has been obsessed with banning guns and
criminalizing gun owners ever since he arrived on Capitol Hill fifty years ago. In the process, he is causing
irreparable financial harm to firearms retailers, which to this administration must seem like an added benefit.”
Gottlieb and Kraut both note the Administrative Procedures Act requires courts to “hold unlawful and set aside
agency action, findings, and conclusions” that are found to be “arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.”
“Biden has weaponized the ATF and Justice Department, and we cannot allow that to go unchallenged,” Gottlieb
said. “The government has set May 31 as the compliance date for this new arm brace rule, so we’re asking the court
to act now, well in advance of that date, to prevent what amounts to a constitutional travesty.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research,
publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess
firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts
many programs designed to better inform the public about the consequences of gun control.
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