Morrisey files lawsuit over pistol brace rule

Second Amendment

HUNTINGTON, W.Va. — West Virginia Attorney General Patrick Morrisey has formed a coalition with several states that are filing a lawsuit against U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Patrick Morrisey

Morrisey and several members of Second Amendment advocacy groups spoke about the lawsuit at Bare Arms Indoor Range and Training Center during a press conference located in Huntington on Thursday.

The ATF seeks to establish a rule that will govern Stabilizing Braces, commonly known as pistol braces. The rule, Factoring Criteria for Firearms with Attached Stabilizing Braces, stated when manufacturers, dealers, and individuals pair stabilizing braces with 99% of pistols, they must comply with the laws that regulate those rifles.

Those who use a stabilizing brace would need to apply for a permit with the ATF within four months, pay a tax, and face restrictions on the future transfer of the brace.

Morrisey said the rule makes it harder for legal gun owners.

“This is making it more expensive and more difficult to own weapons that are safe to utilize; this represents a seat change; we’re not going to let it happen,” Morrisey said at Thursday’s news conference.


Morrisey added that there needs to be a significant amount of support.

“We need a lot of support across America; today, I ask all Americans who feel you may be threatened by the rule-making to step up.”

NRA State Director of Legislative Affairs Art Thomm, spoke along aside Morrisey.

“The United States Congress creates the law of the land, including those impacting lawful firearm ownership; the ATF’s “know when we see it approach” is unacceptable,” he said. “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.”

Gun Owners of America Southeast Regional Director Jordan Stein said the rule is extreme.

“Their brace ruling is perhaps the far most reaching, with estimates of 40 million braces in circulation; these are owned by legal Americans who just want to have fun at the range, but really to protect their families,” he said.

Watch the press conference here

Story by Chayce Matheny

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