The Department of Justice has filed a motion to dismiss a case against Taylor Taranto for violations of the National Firearms Act of 1934 (NFA).
Mr. Taranto was arrested for both carrying a handgun in Washington, DC, and having an unregistered short-barreled rifle (SBR) in violation of the NFA. The firearm in question was a CZ Scorpion equipped with an SB Tactical brace. The NFA states that any rifle fitted with a stock and a barrel under 16 inches must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In addition to the registration, an owner must submit passport photos and fingerprints, go through a background check, and pay a $200 tax stamp fee.
Pistol braces have been the target of anti-gun politicians and bureaucrats for years. In 2020, after Joe Biden won the presidential election, his transition team met with the heads of the ATF to discuss their priorities, one of which was pistol stabilizing devices. Former ATF Deputy Director Marvin Richardson made pistol braces his pet project because he believed the devices were being used to get around the NFA, even though the ATF fully approved them.
President Biden would take Richardson’s words to heart. Shortly after taking office, he signed an executive order demanding that the ATF act on pistol braces. The Bureau developed new rules surrounding braces. The proposed rule had a checklist to determine if a brace was a stock, but in the final rule, that worksheet was removed. All commercially available braces were considered stocks once equipped to a pistol. That distinction meant every pistol with a brace was now considered an SBR and subjected to NFA regulations.
Shortly after the rule was unveiled, multiple gun rights groups sued the ATF over the new determination of pistols with braces. The cases claimed the new rule violated the Administrative Procedures Act (APA) because the final rule wasn’t a logical outgrowth of the proposed rule. They also claimed the rule was arbitrary and capricious. Multiple courts agreed and blocked the ATF from enforcing the pistol brace rule.
In 2023, Taranto was arrested for carrying a CZ Scorpion in DC. He was charged with carrying a handgun without the proper license and having an SBR. Both charges were for the same firearm. Most assumed that the Department of Justice (DOJ) would drop the charges after Trump took office because of the injunction and the DOJ’s more gun-friendly stance, but this didn’t happen. The SBR charges were still pending after the change in the administration.
The charges caused a stir among groups such as Gun Owners of America (GOA) and the Firearms Regulatory Accountability Coalition (FRAC). The two groups joined together to push the DOJ to drop the charges. AmmoLand News learned from its sources that even the ATF pushed the Assistant United States Attorney (AUSA) to reconsider their stance late in January, but the AUSA kept moving forward.
In an ironic twist, earlier in the year, the ATF told a GOA member with a CZ Scorpion pistol equipped with an SB Tactical brace that he would need to register his gun with the ATF as an SBR. After pressure from GOA, the ATF relented, admitted that they were wrong, and issued a correction. This incident shows a desire by some in the ATF to enforce the blocked pistol brace rule.
Finally, the DOJ filed a motion to dismiss the NFA charges against Taranto after pressure from all sides, including the White House, DOJ, ATF, and outside groups. This victory shows that the current administration is listening to gun owners, and real change might be on the way. Gun owners can affect change in the system like never before. With the newly formed Justice Department Second Amendment Task Force, there is a new hope in the 2A community.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
NFA Prosecution Shows ATF Still Determined to Imprison Americans for Braced Pistols
Task Force’s Exclusion of Gun Owner Advocates Means Continuing DOJ Disappointments
Lesson Learned:
Don’t Visibly Flaunt Stuff when you Don’t have a Big Pile of Money to Fight The Government with.
hint; The Government will NOT always be under the control of ‘The Good Guys’
Why did it take so much pressure from gun groups and even people inside the BATFE to get these charges dropped? How many more pending prosecutions are out there that should be dismissed? Come on Robert Leider, do your job!!
“he had a rifle, no wait, he had a pistol”
oh the calamity in deciding who is a man or a woman.
democrats.. smh
we are all confused when we see a man in public (at the gym) with a D cup.
what the heck.
I for one consider this good news. Winning. More on the way.
FREE NATE!
An Executive Order forcing the Territories and Possessions to obey the 2nd Amendment would be a good start to taming the NFA. It would set a good example and do no harm. Those places do not have the 10th Amendment problem where States claim they can control our weapons. I doubt that the Department of Justice could do that, but Trump could. Our holdings in the Caribbean and other places could be the Trump Gold Standard vacation areas that he was wanting Gaza to be, if he would allow us to go there, turn the power back on, and make… Read more »
Where you at Matt? Just ribbin’…