SAN ANTONIO (KTSA News) — Texas Attorney General Ken Paxton is filing a motion for a preliminary injunction in his lawsuit against the Biden Administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Paxton says, in a release, he wants to stop the ATF from imposing new, unlawful rules on pistol owners who use stabilizing braces. He says Americans have long used stabilizing braces for numerous reasons, including assistance for those who are disabled, preventing injury and ensuring the safe operation of pistols equipped in this fashion.
The ATF is accused of defining a pistol with a stabilizing brace as a “short-barreled rifle,” which Paxton says then forces a wider array of unlawful requirements, including the registration of firearms by law-abiding gun owners. According to Paxton, the rule itself is unconstitutional and illegal, as was the method by which the ATF instituted the new rule.
“I filed this lawsuit to ensure that pistol brace owners are protected from the anti-gun Left and the radical activists staffing Biden’s ATF,” said Attorney General Paxton. “As the case moves through our legal system, I am hopeful that the court will protect the Constitutional rights of Americans by issuing a preliminary injunction against this rule. The law is on our side. We will prevail in this battle against the Biden Administration’s war on the Second Amendment.”
Paxton’s lawsuit challenges these violations, and, if granted, he says the motion for preliminary injunction would stop the rule from taking effect until the case is decided on its merits. Paxton also points out that Americans who have lawfully used stabilizing braces for years could face up to 10 years in prison if they do not rapidly comply with the arbitrary new legal designation.