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Sunday, November 17, 2024

Eighth Circuit strikes down Biden administration pistol brace rule

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Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

The Eighth Circuit Court of Appeals has ruled that the Biden administration’s attempt to ban pistol braces is "arbitrary and capricious." The court found that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule lacked clear standards, making it difficult for citizens to determine compliance.

The case, initiated by a coalition of 24 states including North Dakota, has been sent back to the district court for reconsideration of the plaintiffs' motion for a preliminary injunction against the rule.

U.S. Senator Kevin Cramer (R-ND) commented on the ruling: “Today’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, just a little bit, 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.”

In November, Cramer co-led a bicameral amicus brief with U.S. Senator Marsha Blackburn (R-TN) defending Second Amendment rights. The brief argued that Congress had not authorized the ATF to impose such regulations.

Cramer also joined a Congressional Review Act (CRA) resolution of disapproval aimed at blocking the ATF's rule. He highlighted potential severe penalties for gun owners under this rule. In June, Senate Democrats blocked this resolution. Following this vote, Cramer criticized the rule as an overreach by the Biden administration aimed at depriving citizens of their Second Amendment rights.

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