Pistol brace lawsuit: DOJ says moot, Texas and GOA fight ATF SBR theory

Key points: Pistol brace lawsuit DOJ

• The 2023 brace rule's factoring criteria were vacated nationwide in Mock, and most other brace suits were dismissed as moot afterward.
• Texas and GOA say their case targets more than the rule: it challenges the ATF's claim that the NFA's text alone lets it treat braced pistols as SBRs.
• Judge Tipton asked both sides how $0 NFA taxes, the Silencer Shop permanent injunction and the ATF's October 9 non-enforcement policy affect whether any claims remain live.
• The plaintiffs concede some claims are moot but cite the ATF's proposal to classify each braced pistol case by case as proof the dispute continues.
• SBR status still matters, they argue: Form 20 is required to move an SBR across state lines, and many state laws ban SBRs or tie them to NFA registration.
• They call ATF non-enforcement voluntary cessation that a court reversal, a tax change or a new administration could undo.
• The DOJ wants the case dismissed as moot; responses are due November 2, and the court is not asking for briefing on the merits.

About this Drama and Gripe video

Pistol brace lawsuit update from Armed Scholar: in the last nationwide brace case, Texas and Gun Owners of America v. ATF, both sides filed supplemental briefs for Judge Tipton. The DOJ says the case has been moot since the 2023 brace rule was vacated. The plaintiffs concede some claims but argue the ATF's statutory theory, which lets it classify braced pistols as short-barreled rifles case by case, keeps the case alive despite $0 NFA taxes, the Silencer Shop injunction and ATF non-enforcement.

Transcript: Pistol brace lawsuit