BLUEFIELD, W.Va. (WVVA) – West Virginia Attorney General Patrick Morrisey announced new litigation against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Tobacco over a new rule involving pistol braces. The suit against the two involves more than 20 states.

On Jan. 13, Attorney General Garland signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending the ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. The final rule was published in the Federal Register on Jan. 31.

The ATF says “The rule outlines the factors they would consider when evaluating firearms equipped with a “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act.

The ATF adds “The amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.”

Morrisey says he does not agree with the ATF’s recent decision, prompting him to make the decision on the lawsuit.

“Let’s call this what it is, an effort to undermine Americans’ Second Amendment rights. This is an egregious final rule turning millions of common firearms accessories into short barreled rifles. This is a completely nonsensical regulation,” said Morrisey.

The ATF says the rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Adding that stabilizing braces are designed to conform to the arm and not as a buttstock. “However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered no later than May 31, 2023.”

The ATF says “Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than May 31, 2023; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.”

Morrisey made the lawsuit announcement at Bare Arms Indoor Range & Training Center in Huntington. He was joined by Second Amendment advocacy groups like the NRA and Gun Owner’s of America.

“The ATF’s know it when we see it approach is unacceptable. Millions of Americans should not be subject to criminal penalties simply because someone at the ATF woke up on the wrong side of the bed this morning,” said NRA State Director of Legislative Affairs, Art Thomm.

As of now any firearm that falls under the new guidelines will have to be registered no later than May 31. After that penalties include a $250,000 fine, 10 years in prison and the loss of gun ownership rights.

Copyright 2023 WVVA. All rights reserved.