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Rachel Schilke, Breaking News Reporter


NextImg:What is the Biden administration's pistol brace rule and who is challenging it?

President Joe Biden's pistol brace rule is at the center of both a congressional and legal battle as the GOP and gun rights supporters fight back against the gun control measure they claim infringes on Second Amendment rights.

GOP legislation to repeal Biden's pistol brace rule was at the center of a House GOP leadership revolt last week against Speaker Kevin McCarthy (R-CA), but the freeze on legislative business thawed Tuesday with the passage of legislation authored by Rep. Andrew Clyde (R-GA).

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Below is an explanation of the pistol brace rule in question, how GOP members have responded, and how the courts are involved in the fate of the Bureau of Alcohol, Tobacco, Firearms and Explosives rule.

What is the pistol brace ban?

The rule, finalized by the ATF in January, categorizes pistols with stabilizing braces as heavily regulated short-barreled rifles due to their accuracy and concealability.

It was one of several gun control strategies that the Biden administration rolled out in response to the Boulder, Colorado, grocery store shooting in 2021.

The rule requires those with firearms equipped with stabilizing braces to complete government registration by May 31. If they do not, they could face up to 10 years in prison or a $10,000 fine, according to the ATF.

What are the legal challenges to the pistol brace ban?

In late May, the U.S. Court of Appeals for the 5th Circuit temporarily blocked the Biden administration from fully implementing the new stabilizing brace regulations.

Biden has argued the accessories are "especially dangerous" due to their use in several mass shootings. However, gun owners and Second Amendment groups are challenging the ATF rule.

The Firearms Policy Coalition, one of the plaintiffs, deems the rule "onerous and unconstitutional." Biden's regulation was temporarily blocked by a federal judge in Texas, who granted a preliminary injunction, stopping the ATF from enforcing the order.

What is the congressional response to the ATF brace rule?

Republicans have been sharply critical of the rule since its inception. While the rule is being challenged at the legal level, House GOP members have taken steps to overturn it.

Clyde sponsored the resolution seeking to roll back the ATF's rule in March, calling the pistol brace rule "unconstitutional."

However, Clyde claimed a member of leadership, believed to be Majority Leader Steve Scalise (R-LA), told him that if he didn't vote to advance the rule on the debt ceiling bill, it would be hard to get his pistol brace rule on the floor.

On Monday, the House Rules Committee combined the rule on the gas stoves bill with three other bills, including Clyde's pistol brace bill. Clyde's bill passed on the House floor in a 219-210 vote on Tuesday.


The gas stove bill became a source of infighting that stemmed from the debt ceiling brokered between McCarthy and Biden. McCarthy met with members of the House Freedom Caucus last week, with voting on both pistol braces and gas stoves stalled for over a week.

Freedom Caucus members cited several reasons for being holdouts on these bills, with some accusing McCarthy of violating concessions he made in January during the speaker's election.

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Dozens of sheriffs called on Congress to reject the pistol brace rule in a letter sent Monday, asking members to pass Clyde's resolution and "preserve the Second Amendment rights of the people."

Biden said he would veto the GOP-led resolution to overturn his pistol brace rule if it came to his desk.