On January 31st, the Wisconsin Institute for Law & Liberty (WILL) filed a federal lawsuit against the Biden Regime. It was filed in the Northern District of Texas.
In the lawsuit, which WILL brought on behalf of veterans from Texas and Wisconsin, WILL is challenging the new ATF rule that classifies pistols with stabilizing braces (of which there are about 40 million) as short-barrelled rifles, potentially turning millions of gun owners into felons overnight if they do not wish to get a NFA stamp for the pistol now classified as a rifle and be placed on a federal registry.
WILL, in the lawsuit, argues that the stabilizing braces were invented to help disabled veterans fire their weapons safely, and in making the pistols more accurate also make them safer for those around individuals using the pistols with stabilizing braces.
The lawsuit argues that the new rule on stabilizing braces is a violation of both the 2nd Amendment and the Separation of Powers concept that lies at the very root of the US system of government, which prohibits federal agencies from making new laws without clear Congressional authorization. The suit is filed in the Northern District of Texas.
Making that argument in its complaint, WILL said:
1. The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has issued a rule reclassifying pistols with stabilizing braces (which are designed and intended to be attached to the user’s forearm) as short-barreled rifles (which are, by contrast, designed and intended to be fired from the shoulder). ATF made this change without legal authority and despite previously and repeatedly concluding just the opposite.
2. This regulatory about-face means that by bureaucratic fiat, ATF is forcing millions of Americans to decide among three unthinkable choices: (1) destroy, dismantle, or hand over the property they purchased with ATF’s prior and affirmative approval, (2) list their pistol—and by extension their own name and address—on a national gun registry, or (3) commit a felony.
3. ATF’s actions are unlawful. The new rule unlawfully usurps Congressional authority by significantly expanding the definition of “rifle” under federal law and, with it, imposes potential criminal liability on millions of Americans exercising their Second Amendment rights. Such a dramatic seizure of legislative authority violates not only the Administrative Procedures Act, but the separation of powers, as informed by the Major Questions Doctrine
WILL’s Deputy Counsel, Dan Lennington, said, “These military veterans defended our country overseas, and now they are defending our rights here at home. WILL is proud to represent these patriots. The Biden Administration has no power to re-classify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.”
WILL would not be able to bring the lawsuit were it not for a few brave plaintiffs willing to be the ones to stand up to the Biden Regime by suing it. Giving the biographies of those individuals on its announcement of the suit, WILL said:
Plaintiff Darren A. Britto, of Amarillo, Texas, is a decorated Marine combat veteran, serving with distinction around the globe, including in Operation Desert Shield, Operation Desert Storm, Somalia, Afghanistan, and Iraq. He owns a pistol with a stabilizing brace. This pistol has a barrel less than sixteen inches, thereby making it a “short-barreled rifle” under the new rule. Mr. Britto uses this firearm for personal defense, competitive sport shooting, recreation with his family, and as part of employment as a firearms instructor certified by the NRA and the State of Texas.
Plaintiff Gabriel A. Tauscher, of Oconomowoc, Wisconsin, served the United States with distinction as an Infantry Marine, deploying overseas in support of the Global War on Terrorism. After his service, Mr. Tauscher served as a security contractor, protecting people and places all over the country. In 2020, Mr. Tauscher was ambushed and shot 15 times in Minneapolis. He spent 85 days in the hospital, enduring multiple surgeries and requiring 20 pints of blood. To this day, 3 of the 15 bullets remain in his body. Mr. Tauscher owns a pistol with a barrel less than 16 inches and a stabilizing brace, which he uses for personal protection and recreation.
Plaintiff Shawn M. Kroll, of Hartland, Wisconsin, owns a pistol with a 10.5” barrel and a stabilizing brace. Mr. Kroll uses this firearm for recreational target shooting, hunting, and person defense. Mr. Kroll is a decorated Marine combat veteran, serving the United States with distinction in Afghanistan from 2009 to 2010.
By: Will Tanner. Follow me on Twitter @Will_Tanner_1
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