This post originally appeared at https://will-law.org/military-veterans-sue-biden-administration-to-protect-second-amendment-rights/

New rule threatens firearm owners with fines or imprisonment unless up to 40 million pistols with stabilizing braces are registered with the ATF as “short-barreled rifles”

The News: Today, the Wisconsin Institute for Law & Liberty (WILL) filed a federal lawsuit against the Biden Administration on behalf of military veterans from Texas and Wisconsin. WILL is challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new rule, which recategorizes up to 40 million pistols with stabilizing braces as “short-barreled rifles.” Stabilizing braces, invented to help disabled veterans fire their pistols safely, make many types of pistols more accurate and therefore safer. ATF’s new rule requires millions of Americans to register these firearms on a federal registry and pay a tax. Americans who do not wish to be placed on a federal gun registry must either destroy their stabilizing brace or turn in their weapon. Non-compliance with this federal-registration requirement will threaten millions of Americans with fines and imprisonment.

The Lawsuit: The lawsuit alleges that ATF’s new rule violates the Second Amendment and the Separation of Powers, which prohibits federal agencies from making new laws without clear Congressional authorization. The suit is filed in the Northern District of Texas. This is the first lawsuit to challenge ATF’s final rule.

About WILL: This is the first lawsuit in the nation to challenge this unconstitutional rule, and WILL’s sixth lawsuit against the Biden Administration. Over the past two years, WILL has been proud to represent clients from 18 different states in lawsuits that challenge the Biden Administration’s lawless actions.

The Quote: WILL Deputy Counsel, Dan Lennington, said, “These military veterans defended our country overseas, and now they are defending our rights here at home. WILL is proud to represent these patriots. The Biden Administration has no power to re-classify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.”

The Clients:

Plaintiff Darren A. Britto, of Amarillo, Texas, is a decorated Marine combat veteran, serving with distinction around the globe, including in Operation Desert Shield, Operation Desert Storm, Somalia, Afghanistan, and Iraq. He owns a pistol with a stabilizing brace. This pistol has a barrel less than sixteen inches, thereby making it a “short-barreled rifle” under the new rule. Mr. Britto uses this firearm for personal defense, competitive sport shooting, recreation with his family, and as part of employment as a firearms instructor certified by the NRA and the State of Texas.

Plaintiff Gabriel A. Tauscher, of Oconomowoc, Wisconsin, served the United States with distinction as an Infantry Marine, deploying overseas in support of the Global War on Terrorism. After his service, Mr. Tauscher served as a security contractor, protecting people and places all over the country. In 2020, Mr. Tauscher was ambushed and shot 15 times in Minneapolis. He spent 85 days in the hospital, enduring multiple surgeries and requiring 20 pints of blood. To this day, 3 of the 15 bullets remain in his body. Mr. Tauscher owns a pistol with a barrel less than 16 inches and a stabilizing brace, which he uses for personal protection and recreation.

Plaintiff Shawn M. Kroll, of Hartland, Wisconsin, owns a pistol with a 10.5” barrel and a stabilizing brace. Mr. Kroll uses this firearm for recreational target shooting, hunting, and person defense. Mr. Kroll is a decorated Marine combat veteran, serving the United States with distinction in Afghanistan from 2009 to 2010.

Read More:

Complaint, January 31, 2023

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