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BREAKING: Fifth Circuit Issues Injunction on ATF Pistol Stabilizing Brace Ban

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Elderberry:
The Truth About Guns By Jeremy S. -May 23, 2023

Minutes ago, the Fifth Circuit Court of Appeals issued a preliminary injunction (download the PDF HERE) against the DOJ’s and ATF’s unconstitutional attack on firearms equipped with a pistol stabilizing brace. The lawsuit, brought by the Firearms Policy Coalition (FPC) and other plaintiffs, paid off with this temporary injunction just days before ATF’s mandatory registration “grace period” that was set to expire on the 31st.

Don’t celebrate too soon, though! Unfortunately this temporary injunction applies only to the named plaintiffs . . . “…Preliminary Injunction Pending Appeal is GRANTED as to the Plaintiffs in this case.” It stays in effect — only for these plaintiffs — until an appeal in the case is ruled on. Stay tuned, because it’s at least a first real step and a first win, even if quite limited, in the right direction since the new ATF ruling was announced.

Press release from FPC follows . . .

FPC Secures Injunction Against ATF Pistol Brace Rule, Will Seek Clarification on Scope of Ruling

NEW ORLEANS, LA (May 23, 2023) — Today, Firearms Policy Coalition (FPC) released a statement on the Fifth Circuit’s Order granting an Injunction Pending Appeal in Mock v. Garland, FPC and FPC Action Foundation’s federal lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) recent rule reclassifying braced pistols as National Firearms Act (NFA)-regulated short-barreled rifles. The injunction, along with other case documents, can be viewed at FPCLaw.org.

FPC challenged ATF’s administrative rule that seeks to reclassify “braced pistols” as “short-barreled rifles.” In so doing, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.

More: https://www.thetruthaboutguns.com/breaking-fifth-circuit-issues-injunction-on-atf-pistol-stabilizing-brace-ban/

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