Target with weapon in foreground. Source : Karolina Grabowska via Pexels
Texas and Wisconsin military veterans are suing the ATF over a new rule that has recategorised certain pistols as “short-barrelled rifles”.
The new rule would recategorise up to 40 million pistols with stabilising braces as “short-barrelled rifles”, meaning it would require a federal license to own the pistols as per the National Firearms Act.
Consequences of not obtaining a license include fines and jail time.
The lawsuit was filed by the Wisconsin Institute for Law and Liberty (WILL) against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The suit alleges the AFTs decision to reclassify the pistols violates the Second Amendment and the Separation of Powers, which is in place to restrict federal agencies from enacting laws without Congress’ explicit authorisation.
WILL Deputy Counsel Dan Lennington issued a statement which said the veterans involved in the suit are defending their rights as American Citizens.
“These military veterans defended our country overseas, and now they are defending our rights here at home.” Mr Lennington said.
“WILL is proud to represent these patriots.
“The Biden Administration has no power to reclassify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.” He said.
The National Rifle Association (NRA) called President Joe Biden “an enemy of our Second Amendment” once the rule was finalised.
The ATF rule is a part of a strategy put forward by President Biden to help with gun control efforts.
The strategy was enacted after a shooting in Boulder, Colorado, where the perpetrator used a stabilised weapon.
The Department of Justice (DOJ) justified the rule by saying the National Firearms Act imposes restrictions on short-barrelled rifles due to their concealability, and their ability to be more destructive than other handguns.
“Often, when pistols are converted to rifles by the use of a stabilising brace covered by the rule, they have barrels less than 16 inches in length and must comply with the same heightened requirements that apply to short-barrelled rifles under the NFA.” The DOJ said.
The NFA defines short-barrelled rifles as any firearm with a buttstock that also has a rifled barrel of less than 16 inches, or is overall under 26 inches.
The final ruling has declared a number of weapons to be short-barrelled rifles, including a number of pistols with the stabilising attachment that puts it within the short-barrelled rifle definition.
