DOJ Defies Court, Continues Enforcing Vacated Biden Pistol Brace Rule Against Gun Owners

The Department of Justice is actively enforcing a gun control rule that has been struck down by the courts, weaponizing a vacated regulation against firearm owners. In the ongoing case of *Texas et al. v. ATF*, the DOJ has admitted that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to apply the National Firearms Act (NFA) and Gun Control Act (GCA) to pistol-brace-equipped firearms, despite a federal court having 'universally vacated' the underlying rule. This creates a direct conflict between judicial authority and executive enforcement, placing gun owners in legal jeopardy under a nullified policy.

The contested rule originated from a 2022 executive order by the Biden Administration, which directed the DOJ to effectively ban pistol braces. These accessories, often used by shooters with disabilities to stabilize a firearm, were reclassified by the ATF as components creating illegal short-barreled rifles. The legal theory underpinning this reclassification was successfully challenged in court, leading to the rule's vacation. Yet, the DOJ's current stance indicates a refusal to halt enforcement, suggesting the administrative state is operating on a separate track from the judiciary.

This enforcement persistence signals intense institutional pressure on Second Amendment advocates and raises critical questions about the rule of law. The Gun Owners of America (GOA), a primary plaintiff, highlights the constitutional conflict, framing the DOJ's actions as an ongoing weaponization of federal power. The situation creates significant legal uncertainty for manufacturers, retailers, and millions of firearm owners who possess or use braced pistols, exposing them to potential prosecution under a legally invalid standard. The standoff underscores a broader battle over administrative overreach and the durability of gun rights amidst shifting political directives.