Gun Owners of America Join Forces With Ken Paxton To Sue ATF Over Gun Brace Regulation

[Elderberry]

Lawrence Person's BattleSwarm Blog 2/14/2023

Gun Owners of America and Texas Attorney General Ken Paxton join forces to sue the Biden Administration.

    More lawsuits are pouring in against the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles (SBR) under the National Firearms Act (NFA), with Texas Attorney General Ken Paxton and Gun Owners of America (GOA) filing a joint lawsuit seeking to block the rule.

    The lawsuit, State of Texas v. ATF, was filed in the Federal Southern District Court of Texas on Thursday, joining two other lawsuits filed in federal district courts in Texas. Those include a challenge filed by attorneys with the Wisconsin Institute for Law and Liberty in the Northern District, and a challenge filed in the Eastern District by the Texas Public Policy Foundation (TPPF).

    GOA called their lawsuit “the most comprehensive” among those filed, writing, “Our complaint makes clear that the agency’s rule violates the Second Amendment ‘text, history and tradition’ standard set forth by the Supreme Court in its recent Bruen case.” GOA also said their case argues the rule violates several other constitutional provisions, including being an “invalid” exercise of taxing authority.

    Paxton also released a statement on the lawsuit, saying he is hopeful they prevail in blocking the rule.

You can read the text of the lawsuit here.

More: https://www.battleswarmblog.com/?p=54126

[Elderberry]

https://www.gunowners.org/wp-content/uploads/GOA-Paxton-Brace-Lawsuit-FINAL-COMPLAINT.pdf

Case 6:23-cv-00013 Document 1 Filed on 02/09/23 in TXSD Page 6 of 132

Now come Plaintiffs, by and through Counsel, and for their Complaint state as follows:

1. Plaintiffs bring this action seeking a preliminary injunction to preserve the status quo, followed by a declaratory judgment and permanent injunctive relief restraining Defendants from enforcing various parts of a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) of the U.S. Department of Justice on January 31, 2023 88 Fed. Reg. 6,478 (Jan. 31, 2023), entitled “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” (“Final Rule” or “FR”). Alternatively, Plaintiffs seek declaratory and injunctive relief that the National Firearms Act of 1934, as amended (“NFA”), is unconstitutional as applied to short-barrel rifles.