BELLEVUE, WA – The Second Amendment Foundation today filed an amended federal lawsuit challenging the
The Biden Administration’s New “Prosthetic Arm Rule,” Accusing the Government of Violating Administrative Procedures
Law, the Second Amendment, and the Due Process Clause of the 14th Amendment.
Joining SAF in this legal action are Rainier Arms, LLC and two private citizens, Samuel Walley and William Green.
They are represented by attorney Chad Flores at Beck Redden LLP in Houston, Texas.
The defendants are the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Director Steve Dettelbach, the
Department of Justice and Attorney General Merrick B. Garland. The lawsuit was filed in the US District Court for
the Northern District of Texas, Dallas Division. The case is known as SAF, et.al. v. ATF et al. Alabama.
“The Biden administration’s new ‘brace arm rule’ is a marked departure from ATF’s previous position on
if guns with armbands are legally considered guns,” said SAF founder and executive vice president Alan
M. Gottlieb. “This dramatic change in policy leads us to conclude that the president, through his agency directors, is
moving to change the definition of pistols equipped with these reinforcements to be ‘rifles’ and therefore subject to National Law
Firearms Law. In doing so, the administration has turned millions of law-abiding gun owners into criminals who
suddenly possessing weapons now defined as ‘short barreled rifles’. This is inconceivable.”
“Joe Biden continues to use ATF as a means to circumvent Congress,” added SAF executive director Adam.
Kraut, “and this new rule is the latest attempt by your administration. He has been obsessed with banning guns and
criminalizing gun owners since he came to the Capitol fifty years ago. In the process, he is causing
irreparable financial damage to firearms retailers, which to this administration must seem like a fringe benefit.”
Gottlieb and Kraut point out that the Administrative Procedures Act requires courts to “detain and set aside
agency action, findings, and conclusions” that are determined to be “arbitrary, capricious, an abuse of discretion, or
otherwise it is not in accordance with the law.”
“Biden has armed the ATF and the Department of Justice, and we cannot allow that to go unchallenged,” Gottlieb
saying. “The government set May 31 as the compliance date for this new prosthetic arm rule, so we are asking the court
act now, well before then, to avoid what amounts to a constitutional travesty.”
The Second Amendment Foundation (www.saf.org) is the organization for education, research,
editorial and legal action group focused on constitutional and estate rights to private property and possession
firearms Founded in 1974, the Foundation has grown to more than 720,000 members and supporters and conducts
many programs designed to better inform the public about the consequences of gun control.