March 16, 2023

Cassidy, Kennedy, Colleagues Introduce Resolution to Stop Biden Administration from Turning Lawful Gunowners into Felons

WASHINGTON – U.S. Senators Bill Cassidy, M.D. (R-LA), John Kennedy (R-LA), and over 40 Senate Republicans introduced a Congressional Review Act (CRA) resolution to prevent the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing an anti-Second Amendment pistol brace rule. The rule would reclassify pistols as short-barreled rifles if they have a stabilizing brace attachment, even though many disabled veterans and other Americans rely on these braces to use their firearms. 

“The Second Amendment of the Constitution guarantees Americans the right to bear arms. But the Biden Administration is turning law-abiding gun owners into criminals overnight for exercising their God-given right,” said Dr. Cassidy. “This resolution preserves Louisianans’ Second Amendment rights.”  

“Millions of law-abiding Americans use pistol braces, and many of those Americans rely on braces because they are disabled. If Congress doesn’t correct the ATF’s misguided rule, countless law-abiding gunowners in Louisiana and other states will become criminals in the blink of an eye. The Biden administration’s assault on the Second Amendment isn’t going to stop unless we defend this fundamental liberty,” said Senator Kennedy. 

Under this rule, otherwise lawful gun owners could face up to 10 years in jail and thousands of dollars in fines if they fail to register pistols with stabilizing braces with the ATF. If gun owners do not register their firearms, they would have to destroy the firearm, surrender their firearm to the ATF or remove the brace in such a way that it cannot be reattached. 

Cassidy and Kennedy were joined by U.S. Senators Roger Marshall (R-KS), Mitch McConnell (R-KY), Marsha Blackburn (R-TN), Mike Crapo (R-ID), Ted Cruz (R-TX), Josh Hawley (R-MO), Thom Tillis (R-NC), Joni Ernst (R-IA), Lindsey Graham (R-SC), Rand Paul (R-KY), Chuck Grassley (R-IA), Dan Sullivan (R-OH), J.D. Vance (R-OH), Mike Braun (R-IN), Todd Young (R-IN), John Hoeven (R-ND), Ted Budd (R-NC), Katie Britt (R-AL), Mike Rounds (R-SD), Tommy Tuberville (R-AL), Eric Schmitt (R-MO), Pete Ricketts (R-NE), Shelley Moore Capito (R-WV), and Marco Rubio (R-FL) in cosponsoring the legislation.


In 2012, the Obama-Biden administration’s ATF determined that pistol-brace attachments do not change the classification of a pistol to that of a rifle. Despite this, the Biden administration in 2021 directed the Department of Justice (DOJ) to propose a rule that clarifies when a pistol with a brace attachment should be designated as a rifle. 

Earlier this year, the DOJ announced the “stabilizing braces” final rule