Ammoland Inc. Posted on October 4, 2023 by John Crump
A federal judge in Texas has issued a new preliminary injunction for Firearms Policy Coalition (FPC) members and Maxim Defense against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Final Rule (Final Rule 2021R-08F) on pistol stabilizing devices.
The case, Mock v. Garland, challenged the ATF’s ban on pistols equipped with stabilizing braces. FPC brought the suit in the Northern District of Texas. It was assigned to Judge Reed O’Connor, who has a stellar record on gun rights. This case would be no different.
FPC members, along with Gun Owners of America (GOA) and the Second Amendment Foundation (SAF), already have preliminary injunctions against the ATF from enforcing the rule. In this injunction, the Judge takes a shot at constructive intent, the National Firearms Act (NFA), and the other issues already cited by the courts.
In order to attain a preliminary injunction, a plaintiff must show a likelihood to succeed on the merits of the case. Judge O’Connor believes the ATF rule most likely violated the Administrative Procedures Act (APA). The final rule was vastly different from the proposed rule. The proposed rule had a worksheet (ATF Worksheet 49999) to figure out if a brace could be used on a pistol. When the rule was revealed, the worksheet was missing. Instead, the ATF issued a blanket ban covering all commercially available braces. The Judge wrote:
“The ATF’s own regulatory analysis concludes that the Final Rule has effectively reclassified 99% of all pistols with stabilizing braces to NFA rifles. Through seminal Final Rule adjudications, the ATF has already reclassified a whole host of specific weapons platforms and commercially available braced firearms to NFA rifles. Upon review of this record in conjunction with Plaintiffs’ declarations, there is no doubt that the Final Rule will subject both FPC members to criminal liability for currently possessing each of their braced pistols. The moment the Fifth Circuit’s injunction dissolves, Mock and Lewis will become felons because their braced pistols have become unregistered SBRs under the Final Rule’s reinterpretation of the NFA.”
More:
https://www.ammoland.com/2023/10/new-injunction-issued-against-the-atf-pistol-brace-rule/#axzz8FC2pW3Wp
