DOJ Backs Down from Pistol Braces
The Department of Justice announced it’s stepping away from pistol braces – agreeing to dismiss an appeal that halted the ban on braces.
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The Department of Justice announced it’s stepping away from pistol braces – agreeing to dismiss an appeal that halted the Biden Administration’s ban on braces.
Mock v. Bondi received a summary judgment last year that vacated the ATF’s Final Rule on pistol braces. Plaintiff William Mock, alongside Maxim Defense and the Firearms Policy Coalition, sued the government in 2023 after the pistol brace ban was announced, alleging the ban was a clear overreach.
A New Orleans-based District Court agreed, vacating the rule but the Biden Administration appealed the decision. But this week, the federal government agreed to dismiss its appeal, handing a victory to 2A advocates.
“Today is a great day for freedom and the American people,” Firearms Policy Coalition President Brandon Combs said in a news release.
“As we explained in the case filings, braced pistols are not ‘short-barreled rifles’. But either way, they are unquestionably arms protected under the Second Amendment. We are thrilled to have secured this important win for liberty and excited to take on even more unconstitutional laws so you can exercise your rights when, where, and how you choose.”
Pistol braces, also known as stabilizing braces, are accessories that attach to the rear of firearms and allow them to be fired one handed. When first launched, these devices were meant to secure to the forearm with Velcro and were designed to aid disabled shooters firing AR and AK style rifles.
The drama surrounding braces picked up around 2014 when shooters began pairing them with AR pistols. By definition, an AR pistol cannot have a buttstock – otherwise it slips into the short-barreled rifle territory and is subject to regulation under the National Firearms Act. A pistol brace, on the other hand, was initially determined to not fit the description of a buttstock and could thus be added to an AR pistol.
The ATF later recanted that stance and thus kicked off the entire debate surrounding braces. (You can read more about the history of pistol braces and the feds in Pistol Braces & The ATF: What You Need to Know.)
In January 2023, the ATF issued a Final Rule on braces which effectively moved them into NFA territory when added to a rifle with a barrel less than 16 inches. Unsurprisingly, the Rule was met with resistance and a lawsuit was filed.
David Farrell, Maxim Defense vice president and co-plaintiff in the case, said he was pleased with the government’s decision to back away from the case and added that it was “an important achievement.”
“This is a clear-cut victory and monumental step in preserving gun rights for future generations and safeguarding the firearms ecosystem from regulatory overreach,” he explained.
Prior to the ban’s announcement, the Congressional Research Service estimated that there were close to 40 million pistol braces in America.
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