Idaho’s AG Announces Lawsuit Against the Biden Administration ‘for Attempting to Violate Our 2nd Amendment Rights’

Idaho’s Attorney General announced that he would be suing the Biden administration over a change made to ATF final rule 2021R-08F, which reclassified pistols under 16 inches long equipped with a “stabilizing brace” as short-barreled rifles.

Labrador announced on Twitter:

“I am suing the Biden administration for attempting to violate our 2nd amendment rights. This latest stunt by the ATF would make millions of law abiding gun owners felons if they fail to register a commonly used gun accessory. I will fight to ensure this never happens.”

I am suing the Biden administration for attempting to violate our 2nd amendment rights. This latest stunt by the ATF would make millions of law abiding gun owners felons if they fail to register a commonly used gun accessory. I will fight to ensure this never happens.

— Raúl R. Labrador (@Raul_Labrador) February 10, 2023

This took effect at the end of January, and Owners have 120 days to comply, which means if an owner wanted to keep the configuration it would require a tax stamp and registration with the ATF. The change was signed off on January 13th by Merrick Garland on January 13th, completely sidestepping Congress.

In response to this action, Labrador as well as 24 other states, the NRA, SB Tactical, B&T USA, and Wounded Warrior Richard Cicero have filed a suit to stop this move by Biden’s ATF.

“The rule regulates pistols and other firearms equipped with stabilizing braces, even though the text, structure, history, and purpose of the NFA and GCA show that the statute does not regulate such weapons,” the lawsuit states.

The announcement from the ATF states:

“Today, the Department of Justice announced it has submitted to the Federal Register the ‘Stabilizing Braces’ Final Rule, which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly referred to as a short-barreled rifles, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA). In April 2021, at an event with President Biden, the Attorney General directed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to address the issue of stabilizing braces.”

According to the ATF if anyone doesn’t want to register they can remove the brace or surrender the gun to the ATF.