Attorney General Miyares challenges ATF’s unconstitutional attack on the Second Amendment

On February 9, 2023,  Attorney General Jason Miyares announced that he is joining 23 other states in filing a lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), its director, and U.S. Attorney General Merrick Garland for once again overreaching their authority and infringing on Virginia’s constitutional rights.

Virginians have lawfully purchased “stabilizing braces,” commonly known as pistol braces, from legal, authorized manufacturers with the ATF’s knowledge and approval for over a decade. Now, the ATF requires these same Virginians to pay a 200-dollar fee, apply for a permit and submit identifying information to the ATF for their already legally purchased firearms under the National Firearms Act.

“The federal government has a track record of circumventing the legislative process to promote their radical agenda. Instead of creating laws, the Biden Administration prefers to declare mandates through their unelected bureaucratic bodies, infringing on our constitutional rights,” said Attorney General Miyares. “Pistol braces increase accuracy and stability and make the firearm less concealable. The ATF had no problem with them for over a decade. And millions of law-abiding Americans purchased these braces in reliance on the ATF’s approval. Virginians shouldn’t be subject to additional regulations and potential criminal charges because the federal government has changed its mind about pistol braces but doesn’t want to go to Congress.”

Pistol braces were designed to help people with disabilities use pistols. Since then, many others, including older persons, people with limited mobility, and those with a smaller stature, have come to regularly use braces to prevent some recoil and to help with accuracy.

Click here to read the complaint.