Lawrence Person's BattleSwarm Blog

Gun Owners of America and Texas Attorney General Ken Paxton join forces to sue the Biden Administration.

More lawsuits are pouring in against the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles (SBR) under the National Firearms Act (NFA), with Texas Attorney General Ken Paxton and Gun Owners of America (GOA) filing a joint lawsuit seeking to block the rule.

The lawsuit, State of Texas v. ATF, was filed in the Federal Southern District Court of Texas on Thursday, joining two other lawsuits filed in federal district courts in Texas. Those include a challenge filed by attorneys with the Wisconsin Institute for Law and Liberty in the Northern District, and a challenge filed in the Eastern District by the Texas Public Policy Foundation (TPPF).

GOA called their lawsuit “the most comprehensive” among those filed, writing, “Our complaint makes clear that the agency’s rule violates the Second Amendment ‘text, history and tradition’ standard set forth by the Supreme Court in its recent Bruen case.” GOA also said their case argues the rule violates several other constitutional provisions, including being an “invalid” exercise of taxing authority.

Paxton also released a statement on the lawsuit, saying he is hopeful they prevail in blocking the rule.

“This is yet another attempt by the Biden Administration to create a workaround to the U.S. Constitution and expand gun registration in America,” Paxton said in the release. “There is absolutely no legal basis for ATF’s haphazard decision to try to change the long-standing classification for stabilizing braces, force registration on Americans, and then throw them in jail for ten years if they don’t quickly comply. This rule is dangerous and unconstitutional, and I’m hopeful that this lawsuit will ensure that it is never allowed to take effect.”

The GOA announcement:

Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) jointly filed a lawsuit challenging the Biden Pistol Brace Ban with Texas Attorney General Ken Paxton. The suit was filed in U.S. District Court for the Southern District of Texas.

This new rule, which took effect on January 31st of this year, will force Americans to register or destroy their approximately 40 million lawfully owned brace firearms within 120 days, or face possible felony charges.

Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“Millions of Americans are facing a very tight deadline to destroy or register their lawfully owned property under this draconian new rule. We hope the court will hear the pleas of gun owners across the country who will be irrevocably harmed by this rule, and GOA stands ready to fight it at every turn.”

Sam Paredes, on behalf of the board for GOF, added:

“This rule will have some of the most wide-reaching impacts nationwide in the tyrannical history of gun control. We the People will not tolerate this abuse.”

You can read the text of the lawsuit here.

Having a state Attorney General join your lawsuit tends to do wonders to establish standing to sue the federal government. Like bump stocks, ATF has decided to retroactively make an entire class of widely-owned firearms accessory illegal, along with turning millions of lawful gun owners into felons for continuing to possess the same accessories they had already lawfully purchased. The composition of the Supreme Court has changed since Gundy v. United States was decided, and the current court may be much more inclined to reign-in delegation of congressional powers to regulatory agencies.

Tags: ATF, Erich Pratt, Gun Owners of America, Guns, Ken Paxton, Regulation, Sam Paredes, Supreme Court, Texas

This entry was posted on Tuesday, February 14th, 2023 at 7:51 PM and is filed under Guns, Regulation, Supreme Court, Texas. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.