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Attorney General Marty Jackley

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Attorney General Jackley Joins Pistol Gun Brace Federal Lawsuit

FOR IMMEDIATE RELEASE: Friday, Feb. 10, 2023

CONTACT: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announced Friday that South Dakota has joined 24 other states in a lawsuit against federal requirements that impact pistol owners who use stabilizing braces.

The lawsuit opposes a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule, which was finalized last month, that implements registration requirements by defining a pistol with a stabilizing brace as “a short-barreled rifle.” The states argue that rule would require individuals register their firearm ownership with the federal government or risk a prison sentence if they do not comply with the rule.

“Our Second Amendment rights are sacred and a very significant and recognizable individual right,” said Attorney General Jackley. “This new requirement by the Biden Administration defies common logic and infringes on the constitutional rights of gun owners.”

The lawsuit was filed in North Dakota federal court.

Other states involved are Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.