Senators Blackburn, Cramer Lead Bicameral Amicus Brief to Support the Second Amendment

U.S. Senators Marsha Blackburn (R-Tenn.) and Kevin Cramer (R-N.D.) co-led an amicus brief to urge the Supreme Court to uphold the rights of all Americans to keep and bear arms, especially veterans and disabled individuals who need assistance to exercise their rights. The members’ brief emphasizes that the Second Amendment is a fundamental protection of liberty which is deeply rooted in our nation’s history and tradition.

The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced a final rule reclassifying pistols with stabilizing braces as short-barreled rifles. This change subjects purchasers of these pistols – often people with disabilities or in need of extra stability to safely use the weapon – to a burdensome regulatory scheme.

The amicus brief states the rule infringes Americans’ Second Amendment liberties, and Congress did not grant ATF the authority to criminalize the exercise of a constitutional right.

“The Rule is especially concerning for Americans with disabilities or otherwise lacking physical strength to comfortably fire pistols, including veterans. Importantly, the Second Amendment protects the rights of all law-abiding adult citizens—not just the strong and able-bodied,” the brief notes.

“ATF’s Rule threatens that guarantee in a way that Congress never authorized. Article I of the Constitution vests all legislative power in Congress. Federal agencies may exercise only that power that Congress has granted them. And Congress never granted ATF the authority to regulate pistol braces. It is for Congress—not ATF—to decide whether to regulate them. Thus, amici urge the Court to reverse the district court, grant Appellants’ motion a preliminary injunction, and vacate the ATF Rule,” the brief continues.