NRA Members May Receive Pistol-Brace Ban Immunity, Too

SB Tactical stabilizing brace 

Recently, a federal judge ruled that Second Amendment Foundation members are (currently) immune to the controversial ban.

The Second Amendment Foundation says it “welcomes the National Rifle Association’s request to join in a federal lawsuit filed by SAF and its associates in a challenge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new ‘arm brace rule.’”

NRA announced the effort Wednesday on its website, explaining the move was to obtain injunctive relief for its members to stop the ATF from enforcing its new rule – which totally reversed the agency’s previous position that pistol braces did not convert pistols into short-barreled rifles, making them subject to regulation under the 1934 National Firearms Act. The case is known as SAF, et.al. v. ATF, et. al.

On May 31, U.S. District Judge Jane J. Boyle in the Northern District of Texas, Dallas Division, confirmed the scope of a preliminary injunction she had issued in the case applied not only to SAF, but its members as well. “The Court confirms that its Preliminary Injunction Order applies to both the Second Amendment Foundation, Inc. and its members.”

The NRA announcement confirmed the organization “is going to court to obtain preliminary, and ultimately permanent, injunctive relief restraining Defendants from enforcing the ‘Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’ (the “Final Rule”) against law-abiding NRA members.”

“We welcome the NRA’s motion to join in our lawsuit,” said SAF founder and Executive Vice President Alan M. Gottlieb. “If their motion is granted—and we certainly have no objection—it will mean more American gun owners will enjoy the same protection SAF members were granted under Judge Boyle’s preliminary injunction order. It only makes sense NRA would want the same protection for its members.”

SAF is joined in the case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas.

“We’re in this for the long haul, and we intend to win,” Gottlieb said. “SAF has become a recognized leader in Second Amendment litigation since our 2010 Supreme Court victory in McDonald v. City of Chicago. We’re serious in our intent to win back firearms freedom one lawsuit at a time.”

SAF offers several different tiers of memberships which are available at https://www.saf.org/join-saf/. Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon date of receipt.