The US Court of Appeals for the Eighth Circuit ruled on Friday that the Biden administration’s attempt to regulate pistol braces was “arbitrary and capricious.” The federal appeals court found that the rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked clear standards, making it challenging for individuals to determine if their firearms met the legal requirements. This decision followed a lawsuit brought by 25 Republican state attorneys general against the ATF’s rule.
Initially designed to help individuals with disabilities operate handguns, certain stabilizing brace designs have the potential to convert a handgun into a short-barreled rifle. According to the appellants, the ATF’s new rule would subject 99 percent of pistols equipped with a stabilizing brace to the regulations of the National Firearms Act and the Gun Control Act.
The states, along with other plaintiffs, filed a lawsuit against the ATF in February 2023. US District Judge Daniel Hovland in North Dakota initially allowed the rule to stand, reasoning that the ATF had adequately explained its rulemaking process. However, Circuit Judge L. Steven Grasz noted that the ATF’s multi-factor test for evaluating braces—which considers elements such as design, marketing, and community use—was “arbitrary and capricious” because it allowed for subjective determinations by the ATF. Judge Hovland has been directed to reassess his initial decision.
This ruling comes approximately one year after the Fifth Circuit reached a similar conclusion in a separate case brought by gun rights groups challenging the same rule. Following the Eighth Circuit’s decision, Senator Kevin Cramer commented, “Today’s ruling by the Eighth Circuit is a major victory for the United States Constitution and another major blow to this overbearing federal bureaucracy, particularly the Biden-Harris administration that tramples on our rights every single day.” He welcomed the court’s decision as a significant step in protecting constitutional rights.
To read the original announcement and full details of the ruling, please visit the JURIST website.