This post originally appeared at https://will-law.org/will-launches-new-lawsuit-on-behalf-of-over-200000-firearm-owners-across-america/
The News: Today, the Wisconsin Institute for Law & Liberty (WILL) filed a new federal lawsuit against the Biden Administration on behalf of over 200,000 firearm owners across America in coordination with National Association for Gun Rights Inc. (NAGR) and Texas Gun Rights, Inc. (TGR).
Our lawsuit argues that a new rule from ATF usurps Congressional authority by significantly expanding the definition of “rifle” under federal law, imposing potential criminal liability on millions of Americans for exercising their Second Amendment rights.
The Quotes: WILL Deputy Counsel, Lucas Vebber stated, “The Biden Administration cannot ignore Congress and this rule is a clear violation of separation of powers and a violation of the Constitutional rights of all Americans. Now that the ATF’s rule is in effect, it’s critical that we act now.”
Dudley Brown, President of the National Association for Gun Rights, “Biden’s ATF is a rogue entity, making rules that plainly violate the Constitution. Their rule on pistol braces has turned millions of gun owners into felons, overnight. We’re taking legal action to rein the ATF in and restore the rights of our members. We are pleased to partner with WILL to do just that.”
Chris McNutt, President of Texas Gun Rights, stated, “The ATF are acting like foot soldiers for the anti-gun Biden administration. Their abuse of power is both unconscionable and unconstitutional. Texas Gun Rights looks forward to overturning their draconian rule.”
Background: This new lawsuit comes after WILL secured a preliminary injunction for its clients in Britto V. ATF. Earlier this year, ATF adopted a new rule requiring 40-million gun owners to either give up their pistols or place their name on a registry and pay a tax. Under the new rule, ATF re-defines pistols with stabilizing arm braces as “short barrel rifles.”
Law-abiding citizens who do not register their pistols with ATF, or who are unable to navigate ATF’s notoriously slow red-tape-plagued process, face up to 10 years in jail and a potential $10,000 fine. ATF says gun owners must either register their firearm, “turn the firearm into your local ATF office,” or “destroy the firearm” before May 31st, 2023. That deadline has now passed and the rule is in effect.
The stabilizing arm brace is an accessory that attaches to the rear of the gun and allows the rifle to be fired one-handed. It was created in 2012 to assist disabled veterans, so that they could fire guns with safety and accuracy.
WILL’s Preserving Democracy Project: This new federal Second Amendment case is part of WILL’s Preserving Democracy Project. The project enforces the structural limitations on government power, hold bureaucrats to the rule of law, and fight back against rogue government officials at the local, state, and federal level—who act beyond the authority given to them.
This is WILL’s 10th lawsuit against the Biden Administration.
Read More:
- Complaint, June 8, 2023
Lucas Vebber
Deputy Counsel
lucas@will-law.org
Dan Lennington
Deputy Counsel
dan@will-law.org
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