When the Second Amendment Foundation (SAF) filed a federal lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) a couple of weeks ago, the biggest mistake they made was doing it on the same day the National Rifle Association (NRA) announced it was filing for Chapter 11 bankruptcy protection.
The NRA told its members the plan essentially was to reorganize in Texas after “dumping” New York — its home of incorporation since 1871.
The SAF lawsuit also named the Justice Department as a defendant. The complaint alleges violations of the Administrative Procedures Act relating to ATF’s “flip-flop” regulation of arm braces used with AR-15 pistols. This accessory was developed originally to aid persons with disabilities — especially disabled soldiers — with their recreational shooting.
But a strange thing happened. Other shooters were impressed with arm braces for their AR-style pistols and started buying them. Today, according to the lawsuit, roughly 2 million of these things are owned by private citizens to shoot semi-auto AR pistols.
While the NRA drama is unfolding, SAF used this lawsuit to also send a message to the new Joe Biden White House. SAF’s Alan Gottlieb even said so in a statement to the press.
“We think it is also important to file this case now,” he said, “because the incoming Biden administration has made no secret it intends to take various regulatory actions and issue executive orders directly affecting gun owners. We’re putting the new administration on notice we will be watching their every move where the Second Amendment rights of American citizens are concerned.”
SAF is joined in the lawsuit by Rainier Arms and two disabled private citizens, Samuel Walley and William Green, whose circumstances illustrate the dilemma disabled shooters share.
According to the court document, Walley “is a distinguished disabled Army veteran who suffered a traumatic injury while serving in Afghanistan in 2012. He was wounded by an improvised explosive device resulting in partial amputation of his right leg and left arm, and a salvaged left leg limb. He uses arm braces to stabilize firearms he shoots recreationally.”
Meanwhile, Green is a police officer “who suffered a line-of-duty injury resulting in permanent nerve damage to his right hand. He also uses arm braces to stabilize firearms while he is shooting.”
Plaintiffs are represented by attorneys Chad Flores, Hannah Roblyer and Daniel Nightingale at Beck Redden LLP in Houston, and Matthew Goldstein at Farhang & Medcoff in Tucson.
Sources:
https://www.saf.org/saf-sues-batfe-over-arm-brace-apa-violations/
https://www.saf.org/wp-content/uploads/2021/01/Complaint.pdf