Second court crushes Biden’s assault on AR-style pistols

Today another federal court rejected President Joe Biden’s war on guns, ruling against his effort to require 3 million to 7 million owners of AR-style pistols to register and pay a $200 tax on their firearms or face prison.

In the latest blow to liberal gun control politicians and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Louis-based 8th U.S. Circuit Court of Appeals rejected the government’s plan, claiming it was likely to get tossed by the Supreme Court.

For now, the millions of users of guns equipped with “pistol braces” can keep them without fear of being fined or jailed.

The court said the ATF rule was poorly written and vague and gave the agency too much leeway to go after owners of the popular firearms.

“The final rule, as a whole, is arbitrary and capricious because it allows the ATF to arrive at whatever conclusion it wishes without ‘adequately explain[ing] the standard on which its decision is based,’” said the court.

“This is much like shooting the side of a barn, drawing the target around the bullet holes, and then proclaiming, ‘Bullseye!”’ added a footnote in the decision that sent the case back to the District Court.

The ATF ruling was also rapped for putting the burden on gun owners to prove why their guns would be allowed. The court said that was wrong and it is up to ATF to better provide guidelines. “The ATF’s burden-inverting argument makes as much sense as shouldering a rifle by the barrel,” mocked the court.

The case was brought by 25 states, pistol brace maker SB Tactical, and a coalition led by the Firearms Policy Coalition, a Second Amendment legal advocate.

It was the second court to junk the ATF rule. In June, a Texas-based federal court vacated it.

The issue is likely to end up in the Supreme Court, which has recently given gun owners big victories, especially when the issue isn’t the gun itself but accessories like the pistol brace. For example, the court recently rejected a Trump-era ban on bump stocks.

The administration has been trying to pass a ban on AR-style and other modern sporting rifles, claiming they are “weapons of war.” Democratic presidential candidate Vice President Kamala Harris has promised to fight harder for a ban.

Second Amendment advocates like the Firearms Policy Coalition, which joined in both suits, said the ATF has used sneaky moves to grab the guns and make them difficult to own. And while the administration blames the weapons on mass shootings, they aren’t used as much as other firearms, such as handguns.

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For years, ATF gave its blessing that putting the adjustable braces on pistols was allowed even though the braces could be used as a style of stock, essentially turning the firearms into short-barreled rifles. Typically, short-barreled rifles are regulated under the Al Capone-era National Firearms Act, which requires a $200 tax stamp and registration.

In the new ruling, the court slapped the ATF for granting approval of the braces for years, then changing its mind and threatening owners with jail. “The consequence of the ATF’s about-face is that many individuals, relying on the ATF’s previous classifications, were apparently committing felonies for years by possessing braced weapons. Accordingly, they must take one of the five compliance steps — including paying a tax, or otherwise surrendering or destroying their weapon (their property) — or risk prosecution,” said the majority decision.