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Senators Oppose ATF Intent to Continue Biden-era Rule that Violates Second Amendment Rights
WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) today joined several colleagues in calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to cease any efforts to enforce a vacated Biden-era rule that placed onerous registration and fee requirements on pistol brace owners.
Hyde-Smith signed a letter led by U.S. Senator Bill Cassidy, M.D. (R-La.) to Acting ATF Director Daniel Driscoll that reprimands the agency for signaling in court cases that it will continue enforcement of the now-vacated 2023 Biden rule that classified all braced pistols as short-barrel rifles under the National Firearms Act (NFA) and exposed millions of American gun owners to criminal penalties for noncompliance.
“In our view, this since-vacated rule does not comply with the statute and cannot pass constitutional muster, and we urge ATF to cease any efforts to continue enforcing it either in substance or form,” the Senators wrote of the rule that was vacated in August 2024.
“Now, however, it appears that ATF has no intention of backing down. In another ongoing case brought by the State of Texas and Gun Owners of America, ATF suggests that it can and will continue enforcing the underlying legal theory behind the rule—that braced pistols qualify as short-barreled rifles under the NFA,” the Senators continued.
The lawmakers recommend several steps for ATF to take to protect the rights of pistol brace owners, including issuing an interpretive rule clarifying that firearms equipped with stabilizing braces do not qualify as short-barreled rifles. They also advocated using ongoing litigation to enter into a judicially enforceable consent agreement that would, among other things, permanently enjoin ATF from attempting to revive the Biden-era restrictions through new rulemaking.
“Stabilizing braces, like the handguns they modify, are neither dangerous nor unusual. They are owned by tens of millions of Americans who rely on these attachments to improve the stability of their handguns,” the Senators wrote. “ATF must immediately provide clarity on this issue. Right now, millions of Americans continue to languish in uncertainty, fearing that they may be prosecuted simply for exercising their constitutional rights.”
The pistol brace rule, which Hyde-Smith fought since its inception, was among the issues cited by Republican Senators in February 2025 when they encouraged ATF to align its policies with President Trump’s Second Amendment priorities, including rescinding unlawful Biden-era rules that infringe on the Second Amendment rights of law-abiding Americans.
Others signing the letter included U.S. Senators Jim Justice (R-W.Va.), John Barrasso (R-Wyo.), John Cornyn (R-Texas), Steve Daines (R-Mont.), Kevin Cramer (R-N.D.), Lindsey Graham (R-S.C.), James Risch (R-Idaho), Tommy Tuberville (R-Ala.), John Hoeven (R-N.D.), and Ted Cruz (R-Texas).
Read the Senators’ detailed letter here.
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