Since the introduction of the stabilizing brace, ATF has issued many determination letters which have contradicted earlier rulings and walked back prior determinations, leaving the public in a state of confusion. On December 18, 2020, ATF published a notice in the Federal Register seeking to impose NFA controls on stabilizing braces meeting certain “objective factors”. This notice created a points system based on physical characteristics or accessories under which ATF would determine whether a pistol with a stabilizing brace was a “pistol” or a “short barreled rifle”. ATF ultimately withdrew the notice after receiving over 70,000 comments a mere 17 days after publication. This lawsuit followed on January 15, 2021.
Shortly, after the lawsuit was filed ATF entered into rulemaking in June of 2021 and published a final rule in January of 2023, which redefined the term “rifle” in an expansive manner to capture firearms equipped with stabilizing braces. Plaintiffs amended their lawsuit to address the final rule.
Joining the Second Amendment Foundation in this lawsuit are two physically disabled individuals and one firearms retailer. The lawsuit asks a federal court to declare the new regulation unlawful, set it aside, and enjoin the Defendants from enforcing it.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: Chad Flores, Hannah Roblyer, Caleb Rawls
Recent Docket Activity
January 21st, 2026
Joint STIPULATION OF DISMISSAL by William Green, Rainier Arms LLC, Second Amendment Foundation Inc, The National Rifle Association of America, Samuel Walley.
November 24th, 2025
ELECTRONIC ORDER: The parties' Joint Status Report 127 requests that the Court leave in place a stay order entered by the Court in December 2024 to give additional time for Plaintiffs to determine how they would like to proceed in this action. Accordingly, the Court leaves in place its stay order, and ORDERS the parties to file a Joint Status Report on or before January 21, 2026, to apprise the Court of how Plaintiffs wish to proceed.
November 21st, 2025
Joint STATUS REPORT filed by Bureau of Alcohol Tobacco Firearms and Explosives, Regina Lombardo, Jeffrey A Rosen, United States Department of Justice.
October 2nd, 2025
ELECTRONIC ORDER granting 125 Unopposed Motion to Stay. The Government moves the Court to stay its prior Order requiring joint status report updates every 60 days. The Court finds good cause for the Governments request and GRANTS the Motion. The Government is ORDERED to convene with opposing counsel once funding is restored and file a joint status report to that effect.
October 1st, 2025
Unopposed MOTION to Stay filed by Bureau of Alcohol Tobacco Firearms and Explosives, Regina Lombardo, Jeffrey A Rosen, United States Department of Justice
