A federal appeals court in North Dakota ruled the ATF’s stabilizing brace rule ‘arbitrary and capricious,’ prompting further judicial review.
A federal appeals court in North Dakota has found that a rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) that restricts ownership of pistol attachments known as stabilizing braces is “arbitrary and capricious,” ordering a lower court to re-consider a motion that would block enforcement of the brace ban.
In a 2–1 decision issued on Aug. 9 by the 8th Circuit Court of Appeals, the majority found that a coalition of 25 Republican attorneys are likely to succeed in their legal challenge against the ATF rule that treats pistols fitted with stabilizing braces as short-barreled rifles and subjects them to various restrictions.
“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,’” the majority opinion states. “Thus, we conclude the Coalition is likely to succeed on the merits of its challenge.”
The states and other plaintiffs sued the ATF in February 2023, with U.S. District Judge Daniel Hovland in North Dakota declining to grant their