Amarillo veteran suing the Biden Administration over new gun law

VIDEO: Amarillo resident involved in lawsuit against President Biden
Published: Jan. 31, 2023 at 10:17 PM CST|Updated: Jan. 31, 2023 at 10:28 PM CST
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AMARILLO, Texas (KFDA) -A lawsuit is being filed against the Bureau of Alcohol, Tobacco, Firearms and Explosives on behalf of three military veterans who own a particular type of pistol with an arm brace.

The ATF is changing their decision after 11 years saying now owners will have to either register their pistol or destroy certain stocks.

“My first amendment right is my first amendment right to speak, to write whatever I want. And for the most part, wherever I go, why should my second amendment rights be any different from one state to another?” says decorated marine combat veteran and manger of training at Silverback Independent, LLC, Darren Britto.

In 120 days owners of certain gun braces will have to make some choices, to either remove the stock and permanently disable it by essentially destroying it, or to register their pistols.

“A lot of gun owners. I’m sure there’s gun owners in Texas that do not want their names on a registry...and so it’s a bad precedent to set to say that the government can just tell people to put their names on a registry OR to face criminal penalties,” says Deputy Counsel at Wisconsin Institute for Liberty & Law, Dan Lennington.

Britto suffers from a rotary cuff injury. His brace, which was made custom, allows him the ability to use his gun.

“For myself and for people with similar or same issues, you cant necessarily put a stock of a rifle in your shoulder because of an injury or a limitation. By having the brace I can affix it to my forearm and be able to have better control of the fire arm,” says Britto.

Some may think the easy option would to just go ahead and get your gun registered, but Lennington says this is an issue of privacy for many.

“The minute you tell people that we need to have a national gun registry, it gives tools to the government, which would allow them to confiscate those weapons in the future if they decided to go out and confiscate them,” says Lennington.

The Wisconsin Institute for Law and Liberty estimates there are over 40 million of these braces in the United States, and this new rule will impact millions of gun owners.

The organization has made it known they will appeal if their claim is rejected. However, they say they hope to have the 120 day time clock prolonged.