S.C. Attorney General joins lawsuit against US AG Garland, ATF on pistol brace rule

COLUMBIA, S.C. (WIS) - South Carolina Attorney General Alan Wilson joined 24 states in a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and its director regarding the final rule governing of “Stabilizing Braces,” commonly known as pistol braces.

According to a press release the rule, called Factoring Criteria for Firearms with Attached Stabilizing Braces, indicated that when manufacturers, dealers, and individuals pair stabilizing braces with 99% of pistols, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA).

“This is yet another example of Biden overreach,” said Wilson, “Citizens’ rights to bear arms must be protected and the abuse of power halted.”

The S.C. attorney general’s office said the rule affects almost all pistol and handgun owners.

The lawsuit is asking the United States District Court for the District of North Dakota Western Division to declare unlawful and set aside the rule, among other things.

“In sum, ATF’s factors are little more than window dressing for the agency to reach whatever outcome it wants, regardless of the facts,” according to the lawsuit.

Wilson is joined by West Virginia Attorney General Patrick Morrisey, who led the lawsuit, along with the attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, Virginia and Wyoming.

The other plaintiffs are Firearms Regulatory Accountability Coalition Inc. (an advocacy group), SB Tactical (a brace manufacturer), B&T USA (a firearms importer and manufacturer), and Richard Cicero, a retired police firearms instructor.

More information on the lawsuit can be found here.

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