The News: This evening, the Wisconsin Institute for Law & Liberty (WILL) won a preliminary injunction on behalf of three clients challenging the ATF’s new rule regulating up to 40 million pistols equipped with stabilizing braces. ATF’s new restrictions represented a clear attack on the Second Amendment and a significant overreach by federal bureaucrats. WILL was the first organization to file a lawsuit against the federal rule.

The Quotes: WILL President and General Counsel, Rick Esenberg, stated “Since President Biden took office, WILL attorneys have been on the front lines challenging his willingness to ignore the law, implementing policies he can’t get through Congress. We will continue to stand up for our democracy and our rights.”

WILL client, Plaintiff Darren A. Britto—of Amarillo, Texas—said, “This court’s decision serves as an important reminder that the fight for freedom never stops. I am proud of what we have done to protect the Second Amendment and the rights of law-abiding citizens across America.”

Background: WILL’s lawsuit argues that ATF’s new rule violates the Second Amendment and the separation of powers, which prohibits federal agencies from making new laws without clear Congressional authorization. The suit is filed in the Northern District of Texas. This was the very first lawsuit filed to challenge the ATF’s final rule.

The ATF’s new rule requires millions of Americans to register pistols with stabilizing braces on a federal registry and pay a tax. There are an estimated 40 million firearms like this across the country. Under the rule, Americans who do not wish to be placed on a federal gun registry must either destroy their stabilizing brace or turn in their weapon. Non-compliance with this federal-registration requirement will threaten millions of Americans with fines and imprisonment. WILL’s win today blocks the rule on behalf of WILL clients in Texas and Wisconsin.

Preserving Democracy Project: This case is part of WILL’s Preserving Democracy Project. The project enforces the structural limitations on government power, hold bureaucrats to the rule of law, and fight back against rogue government officials at the local, state and federal level—who act beyond the authority given to them.

This lawsuit is one of nine lawsuits filed by WILL against the Biden Administration, and WILL’s fourth win to date. For more information about WILL’s nationwide litigation efforts, visit www.will-law.org.