ATF Says Brace Rule Case Is Moot, Warns Some Braced Pistols Still Face NFA Enforcement
In a blunt court filing from Monday, March 16, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) urged a federal judge to dismiss a high-profile challenge to its now-defunct pistol stabilizing brace rule, arguing the case has become completely moot. At the same time, the agency made clear it has no intention of abandoning enforcement against certain braced pistols under the National Firearms Act (NFA) and Gun Control Act (GCA).
The 6-page reply brief, filed in State of Texas et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al., marks the latest twist in a legal saga that began three years ago. The plaintiffs, led by the State of Texas and joined by Gun Owners of America (GOA) and several Texas citizens, had sued to block the ATF’s January 31, 2023, “Factoring Criteria for Firearms With Attached ‘Stabilizing Braces’” rule (88 Fed. Reg. 6478). That rule used a complex points-based system to reclassify many popular braced pistols as short-barreled rifles (SBRs), subjecting owners to NFA registration, a $200 tax stamp, and potential felony charges for non-compliance.
But the landscape changed dramatically when another federal court issued a universal vacatur of the entire rule, a decision that became final in mid-2025. With the rule formally nullified and revoked nationwide, the ATF now argues that nothing remains for this Texas court to enjoin or declare unlawful.
“The case became moot,” the ATF’s lawyers wrote. “Plaintiffs appear to accept that the Court can no longer grant them meaningful relief in relation to the Rule, which has already been formally nullified and revoked through universal vacatur.”
The agency’s earlier motion to dismiss cited Fifth Circuit precedents holding that, once an agency rule is vacated, APA challenges lose their live controversy. Plaintiffs’ opposition brief sought to keep the case alive by insisting the court could still block the “legal theories” that underpinned the rule, specifically the ATF’s position that at least some pistols equipped with stabilizing braces qualify as NFA-regulated short-barreled rifles.





