Rogue ATF Defies Federal Courts, Continues To Target Law-Abiding Gun Owners Over ‘Illegal’ Pistol Brace Rule

The federal government is now being accused of continuing to enforce the same pistol brace interpretation that federal courts have already struck down, exposing law-abiding Americans to potential felony charges carrying up to 10 years in prison.

The Biden-era pistol brace rule, which reclassified millions of braced pistols as short-barreled rifles under the National Firearms Act (NFA), was vacated by federal courts and deemed unlawful.

Following that defeat, the Department of Justice quietly dropped its appeal, effectively leaving the rule dead and unenforceable nationwide.

Last year, the firearm community celebrated a definitive victory.

According to FFL Guard, in cases like Mock v. Bondi (formerly Mock v. Garland), federal judges slammed the Biden-era rule that overnight reclassified millions of braced pistols as “short-barreled rifles” (SBRs).

The courts found the ATF’s move was “arbitrary and capricious,” a blatant violation of the Administrative Procedure Act, and a direct assault on the Second Amendment.

Even the DOJ seemed to wave the white flag, dropping its appeal in 2025. But according to a March 2026 court filing in Texas v. ATF, the agency is now claiming that, while the rule is gone, its interpretation remains.

NRA-ILA wrote:

A March 16 government filing in the ongoing case of Texas v. ATF has now renewed concerns that the agency reserves the right to continue bringing felony prosecutions under the NFA for possession of unregistered braced pistols.  The passage in question is meant to rebut the plaintiffs’ claims that there are still live issues in the case that deserve a final judgment on the merits, rather than dismissal on mootness.

In response to one such argument, the government wrote:

Plaintiffs also make much of the fact that defendants [i.e., the ATF] continue to enforce the NFA’s and the GCA’s regulation of short barreled rifles against some brace-equipped pistols, even though the Rule has been universally vacated. But that should come as no surprise, as that is consistent with how [ATF] have always explained how things work if a court vacated the Rule or enjoined its enforcement. … At any rate, that [ATF] continue to enforce certain statutory requirements and prohibitions that they have been delegated the authority and responsibility to administer is irrelevant to whether plaintiffs’ APA challenge to the now defunct rule is moot.

The upshot of this passage is that ATF continues to assert its right to bring felony charges related to the unregistered possession of an SBR in cases solely based on braced-equipped pistols. Worse, the public has no way of knowing which braced pistols ATF believes trigger the underlying statutes. Worse, still, one of the citations the government uses in making this point in its brief makes clear that ATF considers this to be the case even with respect to plaintiffs groups, like NRA members, who have obtained injunctions specifically prohibiting enforcement of the ATF’s prior rule against them.

Gun Owners of America issued the following press release:

A federal court vacated the Biden pistol brace ban. President Trump campaigned on ending it. Bondi’s DOJ is still enforcing it anyway.

On March 16th, 2026, the Department of Justice dropped a bombshell in our ongoing lawsuit, Texas et al. v. ATF:

The ATF “continue[s] to enforce the NFA’s and the GCA’s regulation of short-barreled rifles against some brace-equipped pistols, even though the Rule has been universally vacated.”

Translation: DOJ lawyers are defying a federal court and making a mockery of President Trump’s campaign promises to gun owners.

This matters because ATF has refused to issue classification letters telling owners which pistol braces are legal, unless it’s in a criminal case. That means every single gun owner with a pistol brace is a potential target for felony charges.

President Trump promised twice on the campaign trail to end the pistol brace ban on day one. He said it in Indianapolis in 2023. He said it again in Harrisburg in 2024. His own DOJ is now proving those promises were never kept.

GOA has gone directly to senior DOJ officials. We’ve raised your concerns. We’ve received no indication that the ATF plans to reverse course.

Congress must act. Your Representatives and Senators need to hear from you today.

The NFA doesn’t even impose a tax on short-barreled firearms anymore. There is absolutely no justification for ATF bureaucrats to threaten law-abiding gun owners over barrel length.

GOA is fighting this in federal court. pursuing a permanent injunction to end ATF’s rogue enforcement. But Washington only listens when constituents demand action.

Don’t let the DOJ turn you into a criminal for exercising your Second Amendment rights.

Tell Congress: Force the DOJ to stand down and protect every pistol brace owner.

Missouri Congressman Eric Burlison is now speaking out, blasting the agency and calling for its abolition.

Burlison wrote:

“A federal court struck down the ATF’s pistol brace rule. The DOJ dropped its appeal. And now the ATF admits it’s STILL enforcing that same interpretation against law-abiding gun owners. Up to 10 years in prison for a rule the courts already killed. This is exactly why I introduced the Abolish the ATF Act. This agency is out of control.”

A federal court struck down the ATF’s pistol brace rule. The DOJ dropped its appeal.

And now the ATF admits it’s STILL enforcing that same interpretation against law-abiding gun owners.

Up to 10 years in prison for a rule the courts already killed. This is exactly why I… pic.twitter.com/TH0HlztwNh

— Eric Burlison (@EricBurlison) April 1, 2026

The post Rogue ATF Defies Federal Courts, Continues To Target Law-Abiding Gun Owners Over ‘Illegal’ Pistol Brace Rule appeared first on The Gateway Pundit.