Biden-Era Pistol Brace Rule Officially Struck Down by DOJ

In a final blow to the "pistol brace ban," the Department of Justice (DOJ) has agreed to dismiss its Biden-era appeal in Mock v. Garland, effectively vacating the previous administration's controversial pistol brace rule.

The ATF's 2023 reclassification of pistol braces was struck down by a federal judge in 2024, but the Biden DOJ appealed the decision, perpetuating the overall uncertainty of a positive outcome. Anyone who's been following guns for a while understands that pistol braces have had a very "on again-off again" legal status, and so DOJ's (previously) unresolved appeal had contributed to continuing uncertainty about the legality of the popular firearm accessory. Now, DOJ's formal concession finally marks the end of a multi-year battle over ATF's effort to reclassify millions of braced pistols as short-barreled rifles under the National Firearms Act.

The rule to reclassify pistol braces, which initially took effect on January 31, 2023, had potential felony implications for millions of gun owners by imposing new registration requirements or mandating the destruction or modification of pistol braces and brace-equipped firearms.

Estimates suggested anywhere from 3 million to 40 million braces were in circulation, making the rule's impact enormous. Now, with the DOJ's appeal withdrawn, gun owners can finally let go of the nagging anxiety that the rule will change yet again.

Recent Development: Appeal Dismissed, Rule Permanently Vacated

On July 17, 2025, the DOJ and plaintiffs in Mock v. Garland filed a joint stipulation for dismissal in the U.S. Court of Appeals for the Fifth Circuit under Federal Rule of Appellate Procedure 42(b)(1). The stipulation clarified, "the parties hereby stipulate to the dismissal of this appeal, with all parties to bear their own costs. Plaintiffs retain the right to seek attorney’s fees in district court, including attorney’s fees incurred on appeal."[1] This followed the district court's June 13, 2024, decision by Judge Reed O'Connor in the Northern District of Texas, who vacated the ATF’s Final Rule entirely due to violations of the Administrative Procedure Act (APA).[2]

Plaintiffs, including Matthew Mock, the Firearms Policy Coalition (FPC), Maxim Defense Industries, Texas Gun Rights, and the National Association for Gun Rights, hailed the dismissal as a decisive victory. FPC President Brandon Combs stated, "Today is a great day for freedom and the American people. The dismissal of this appeal should be the final nail in the coffin of this unconstitutional Biden ATF assault on gun owners."[3]

Pistol Braces: From Practicality to Controversy

Pistol stabilizing braces originated in 2012 when Army veteran Alex Bosco created the first brace, designed to help disabled veterans safely handle larger pistols, particularly AR-15 variants. The ATF initially approved Bosco’s design, clarifying it did not transform pistols into SBRs under the NFA, even if occasionally shouldered.[4]

Braces quickly became popular among firearm enthusiasts for their practicality. In 2014, the ATF affirmed incidental shouldering did not constitute redesign into an SBR.[5] However, as braces proliferated, regulatory scrutiny increased. The Congressional Research Service reported up to 7 million braces in use by 2021, while industry estimates suggested numbers closer to 40 million.[6]

Regulatory Shifts and the Biden Administration’s Rule

ATF’s approach to pistol braces has fluctuated over the years. After initial approval and reassurance of legality, a 2015 letter reversed course, suggesting shouldering a brace constituted redesigning a firearm into an SBR. Later clarifications in 2017 again softened enforcement, allowing "incidental, sporadic, or situational" shouldering.[7]

The Biden administration escalated the regulatory push, introducing the "Factoring Criteria for Firearms with Attached Stabilizing Braces" rule in June 2021, finalized in January 2023. This rule aimed to broadly reclassify braced pistols as SBRs, compelling gun owners to register, destroy, modify, or surrender their braces within a 120-day amnesty period ending May 31, 2023.[8]

Legal Challenges and Judicial Response

In Mock v. Garland, plaintiffs successfully argued that the rule was arbitrary and capricious under the APA and infringed upon Second Amendment rights, particularly following the Supreme Court’s Bruen (2022) decision, which required gun regulations to have historical grounding.[9] Although the district court initially denied a preliminary injunction, the Fifth Circuit granted relief, finding plaintiffs likely to succeed based on procedural grounds.[10]

Ultimately, Judge O'Connor's June 2024 ruling vacated the rule nationwide. The DOJ’s decision to dismiss its appeal solidifies this vacatur, though it does not preclude future regulatory actions from the ATF.[11]

Implications for Gun Owners Moving Forward

This dismissal secures a clear legal status for pistol braces, keeping them outside NFA regulations. It prevents millions from becoming potential felons due to mere possession of previously lawful devices. To be clear, this does not mean that pistol braces could not be reclassified in the future by Congress or that SBRs are no longer "a thing" (unfortunately), but it does formally chalk up a W for everyday gun owners who are just trying to play by the rules.

End of The Line

The DOJ’s dismissal in Mock v. Garland marks a victory for firearm rights, ending uncertainty over pistol braces. The entire effort to reclassify brace-equipped guns as NFA items was a cynical attempt to turn millions of law-abiding citizens into felons, and it's nice to see this issue put to bed for good.

References

[1] https://www.firearmspolicy.org/order-vacating-biden-pistol-brace-rule-stands-government-dismisses-appeal
[2] https://firearmslaw.duke.edu/2025/04/an-update-on-legal-challenges-to-the-pistol-brace-rule
[3] https://www.firearmspolicy.org/order-vacating-biden-pistol-brace-rule-stands-government-dismisses-appeal
[4] https://en.wikipedia.org/wiki/Stabilizing_brace
[5] https://www.americanrifleman.org/content/atf-straightens-out-stabilizing-brace-regulations/
[6] https://crsreports.congress.gov/product/pdf/IF/IF11763
[7] https://firearmslaw.duke.edu/2025/04/an-update-on-legal-challenges-to-the-pistol-brace-rule
[8] https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
[9] https://www.firearmspolicy.org/mock
[10] https://law.justia.com/cases/federal/appellate-courts/ca5/23-10319/23-10319-2023-08-01.html
[11] https://www.grievelaw.com/WisconsinGun/ATFPistolBraceRule