February 14, 2023
(Anchorage, AK) – Alaska Attorney General Treg Taylor joined a coalition of 24 states led by West Virginia Attorney General Patrick Morrisey in filing a lawsuit against U.S. Attorney General Merrick Garland, the Bureau of Alcohol, Tobacco, Firearms and Explosives and its director that seeks to enjoin a recently issued final rule governing “Stabilizing Braces,” commonly known as pistol braces.
“This is another example of this administration blatantly attacking the constitutional rights of our citizens” said Alaska Governor Mike Dunleavy. “For over 10 years, shooters have used these braces in accordance with the law. They should not now be penalized with an invasion of privacy or criminal action because this President has such disdain for citizens who exercise their right to bear arms.”
These devices were originally designed to assist disabled shooters use rifle platform pistols by allowing them to support the firearm with their forearm and hand when use of the other hand was limited in its ability to support the forward portion of the firearm. Though it is possible to use to use the brace in a similar method as one would use a rifle stock by placing it against the user’s shoulder. The ATF opined for over 10 years that this device was legal because the original intended design was meant to support disabled shooters, not to subvert the NFA. Since then, many others, including older persons, people with limited mobility and those with smaller stature have come to use the braces. For more than a decade, these braces have been sold as firearms attachments not subject to regulation. The rule, however, affects most all pistol and handgun owners—many lawful gun owners use stabilizers to prevent some recoil when using firearms and to help with accuracy.
The rule, called Factoring Criteria for Firearms with Attached Stabilizing Braces, indicated that when manufacturers, dealers and individuals pair stabilizing braces with 99 percent of pistols, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA). That means those who use a stabilizing brace would have to apply for a permit with the ATF within four months, pay a tax and face restrictions on future transfer of the brace.
“Many Alaskans who purchased these firearms with braces, did so with the knowledge that the ATF had approved their use and they were legal accessories” said Attorney General Taylor. “Using the ATF rule is a blatant attempt by this administration to bypass Congress and create de-facto laws. Not only will allowing this rule to be enacted hurt many Alaskan gun owners, but it will also create a dangerous precedent in our nation.”
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.
Attorney General Taylor joined in the lawsuit led by West Virginia along with Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, 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 and a wounded warrior who uses stabilizing braces.
CONTACT: Assistant District Attorney Charles Brasington at (907) 269-5100 or charles.brasington@alaska.gov .
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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6379.
