Senator Johnson Joins Colleagues to Stop Biden Admin From Turning Lawful Gun Owners Into Felons With Pistol Brace Rule

WASHINGTON – Yesterday, U.S. Sen. Ron Johnson (R-Wis.) joined Sen. John Kennedy (R-La.), Sen. Roger Marshall (R-Kan.) and 44 of their Republican colleagues in introducing a Congressional Review Act (CRA) resolution of disapproval to prevent the Biden Administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing an anti-Second Amendment pistol brace rule. The ATF’s rule would require gun owners to register pistols with stabilizing braces with the ATF or otherwise be subject to criminal penalties, turning law-abiding gun owners into potential criminals overnight.

“This new rule is yet another example of federal overreach by Biden’s Department of Justice. The unconstitutional action from the ATF is an infringement on the Second Amendment rights of law-abiding gun owners. I hope my colleagues on both sides of the aisle will join us in halting this action by the Administration,” said Sen. Johnson.

“Millions of law-abiding Americans use pistol braces, and many of those Americans rely on braces because they are disabled. If Congress doesn’t correct the ATF’s misguided rule, countless law-abiding gunowners in Louisiana and other states will become criminals in the blink of an eye. The Biden administration’s assault on the Second Amendment isn’t going to stop unless we defend this fundamental liberty,” said Sen. Kennedy.

“The Biden administration’s war on every American’s fundamental right to bear arms is relentless and an offense to our founders. Congress must use every tool at its disposal to stop the Biden ATF from enacting this unconstitutional gun grab and creating its newly proposed anti-2nd Amendment gun registry. The Congressional Review Act is one of those important tools and I’m pleased to co-lead this effort with Senator Kennedy,” said Sen. Marshall.


  • The rule, titled Factoring Criteria for Firearms with Attached Stabilizing Braces, would reclassify pistols as short-barreled rifles if they have a stabilizing brace attachment, even though many disabled veterans and other Americans rely on these braces to use their firearms.
  • Under this rule, otherwise lawful gun owners could face up to 10 years in jail and thousands of dollars in fines if they fail to register pistols with stabilizing braces with the ATF.
  • If gun owners do not register their firearms, they would have to destroy the firearm, surrender their firearm to the ATF or remove the brace in such a way that it cannot be reattached.

Sens. Johnson, Kennedy and Marshall were joined on the resolution by Senators Mitch McConnell (R-Ky.), Mitt Romney (R-Utah), Mike Lee (R-Utah), Jerry Moran (R-Kan.), John Boozman (R-Ark.), Cynthia Lummis (R-Wyo.), Markwayne Mullin (R-Okla.), Marsha Blackburn (R-Tenn.), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Josh Hawley (R-Mo.), Thom Tillis (R-N.C.), Joni Ernst (R-Iowa), Lindsey Graham (R-S.C.), Rand Paul (R-Ky.), Chuck Grassley (R-Iowa), Dan Sullivan (R-Ohio), Bill Cassidy (R-La.), J.D. Vance (R-Ohio), Mike Braun (R-Ind.), Todd Young (R-Ind.), John Hoeven (R-N.D.), Ted Budd (R-N.C.), Katie Britt (R-Ala.), Mike Rounds (R-S.D.), Tommy Tuberville (R-Ala.), Eric Schmitt (R-Mo.), Pete Ricketts (R-Neb.), Shelley Moore Capito (R-W.Va.) Marco Rubio (R-Fla.), John Thune (R-S.D.), John Barrasso (R-Wyo.), John Cornyn (R-Texas), Kevin Cramer (R-N.D.), Deb Fischer (R-Neb.), Roger Wicker (R-Miss.), Bill Hagerty (R-Tenn.), Rick Scott (R-Fla.), Jim Risch (R-Idaho), James Lankford (R-Okla.),  Tom Cotton (R-Ark.), Cindy Hyde-Smith (R-Miss.), and Steve Daines (R-Mont.).

Full text of the CRA resolution is available here.