LITTLE ROCK, Ark. — On August 9, the U.S. Court of Appeals for the Eighth Circuit decided to reverse a lower court ruling denying a preliminary injunction in Firearms Regulatory Accountability Coalition, Inc. v. Garland.
Back in January 2023, a new regulation regarding gun stabilizing braces was issued by The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the national office that sets regulations for firearms.
It states that nearly all gun owners who use a stabilizing brace would have to register their weapons with the government or risk a felony.
The rule received a mix of praise and pushback as countless throughout the state felt that this could potentially criminalize gun owners, who would otherwise legally own their firearms.
Attorney General Tim Griffin today issued the following statement regarding the court's latest decision:
“This is a victory for the rights of Americans and the rule of law as the Eighth Circuit concluded that our lawsuit is likely to succeed. This ruling brings us one step closer to stopping this unconstitutional rule.
“This is yet another attempt to rewrite the laws Congress has passed. The new rule defines a pistol with a stabilizing brace as a short-barreled rifle, thus increasing federal regulation and putting Americans at risk of fines, forfeiture, and felony conviction. I will continue to fight for the 2nd Amendment rights of Arkansans and against the arbitrary and capricious rules of the Biden-Harris administration.”
Arkansas is a member of a coalition of private entities and state attorneys general involved in the lawsuit, along with West Virginia, North Dakota, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wyoming.
To read the official order, click here.
