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13 U.S. Senators Demand ATF Stop Enforcing Vacated Biden-Era ‘Pistol Brace’ Final Rule

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Thirteen U.S. Senators, led by staunch 2A defenders like Mike Crapo (R-ID) and including heavy hitters such as Ted Cruz (R-TX) and John Cornyn (R-TX), have fired off a letter to the ATF demanding they immediately cease enforcing the Biden-era pistol brace final rule. This comes hot on the heels of a federal appeals court vacating the rule in a landmark ruling by the 5th Circuit Court of Appeals, which slapped down the ATF’s overreach as an unconstitutional power grab. The senators argue that with the rule officially dead in the water—pending any further appeals—the ATF has no business continuing to harass law-abiding gun owners who invested in stabilizing braces for better control and accuracy on their pistols. It’s a classic case of bureaucratic inertia clashing with judicial reality, and these senators are calling it out loud and clear.

For context, this pistol brace saga kicked off when the ATF, under Biden’s anti-gun regime, redefined short-barreled rifles (SBRs) through a sneaky 2023 rule that lumped millions of braced pistols into the NFA-regulated category, forcing owners to register, pay a $200 tax stamp, or destroy their gear. Courts have repeatedly gutted it—first a nationwide injunction, then the 5th Circuit’s outright vacatur—exposing the ATF’s rule as legally baseless legislation by fiat. The senators’ letter isn’t just polite persuasion; it’s a shot across the bow, warning the ATF that continued enforcement amid ongoing legal uncertainty exposes them to lawsuits, contempt charges, and political fallout. Cleverly, they’re leveraging the post-election landscape where Trump’s incoming administration could install a pro-2A ATF head, making Biden holdouts look like defiant relics.

The implications for the 2A community are massive: this could finally liberate an estimated 40 million braced pistols from ATF purgatory, vindicating owners who’ve faced felony threats for what courts deem perfectly legal accessories. It reinforces the judiciary as the ultimate check on rogue agencies, boosting momentum for broader reforms like reining in ATF rulemaking via the REINS Act or Supreme Court clarity post-Bruen. Gun owners should breathe easier but stay vigilant—monitor ATF responses and support allies in Congress. This isn’t just a win; it’s a blueprint for dismantling the administrative state’s gun-grab playbook, one vacated rule at a time.

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