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BISMARCK — The Eighth Circuit Court of Appeals ruled the Biden administration’s attempt to ban pistol braces is “arbitrary and capricious.” On Friday, the court found the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule lacked clear standards, making it nearly impossible for law-abiding citizens to determine whether their firearms were in compliance with these regulations.
The Eighth Circuit’s ruling reversed U.S. District Court of North Dakota Judge Daniel Hovland's decision in Firearms Regulatory Accountability Coalition, Inc. v. Garland, which denied a preliminary injunction against the ATF’s rule on pistol stabilizing braces. The case, which was brought by a coalition of 24 states including North Dakota, was remanded to the district court to reconsider the plaintiffs' motion for a preliminary injunction against the rule. The Bismarck-based Firearms Regulatory Accountability Coalition (FRAC) brought the challenge against the ATF’s rule in district court.
In November, Cramer co-led a bicameral amicus brief with U.S. Senator Marsha Blackburn (R-TN) to defend the Second Amendment rights of all Americans, particularly veterans and disabled individuals. The brief argued that the ATF's rule infringed upon these rights and that Congress had not authorized the ATF to impose such regulations.
U.S. Senator Kevin Cramer (R-ND) issued the following statement on the Eighth Circuit ruling:
“Friday’s ruling by the Eighth Circuit is a major victory for the United States Constitution and another major blow to this overbearing federal bureaucracy, particularly the Biden-Harris administration that tramples on our rights every single day. Congratulations to Attorney General Drew Wrigley on carrying this ball across the finish line for law abiding North Dakotans. It is an honor to be able to block for him and for our citizens. Way to go, Team Wrigley and North Dakota, and all the other states that stood up for our Constitution, for the Second Amendment rights of law-abiding citizens of North Dakota and the great country that we are a part of.”
Additionally, Cramer joined a Congressional Review Act (CRA) resolution of disapproval to block the ATF's rule, highlighting the severe penalties law-abiding gun owners, including elderly and disabled citizens and veterans, could face under the rule. In June, Senate Democrats blocked the resolution. Following this vote, Cramer criticized the rule for forcing citizens to navigate constantly-changing definitions or risk criminal charges, framing it as an overreach by the Biden administration aimed at depriving citizens of their Second Amendment rights.