District Court VACATES the ATF’s Pistol Brace Rule, Ending Enforcement of the Ban Nationwide

[Elderberry]

Shooting News by Dan Zimmerman June 13, 2024

More good news out of the Northern District of Texas. Judge Reed O’Connor has issued a ruling in Mock v. Garland vacating the ATF’s byzantine rule that effectively bans pistol braces. You know…the same pistol braces the ATF had previously said were perfectly fine and an acceptable firearm accessory. That, of course, was back before the Biden administration waged a war on gun owners, their rights, and companies that make legal products those people want to buy.

This comes the same week the decrepit but still rabidly anti-gun president was trundled out of the White House and propped up behind a podium at Everytown’s “Gun Sense University” meeting of anti-gun flying monkeys. There the president once again rotely spouted all the same bogus hoplophobic talking points he’s been using since first finding himself in the Oval Office in 2021.

Judge O’Connor granted the plaintiffs’ motion for summary judgement  . . .

For the reasons set out above, the Court GRANTS Plaintiffs’ Motion for Summary Judgment on the grounds that the Final Rule violated the APA’s procedural requirements because it was arbitrary and capricious and was not a logical outgrowth of the Proposed Rule; DENIES Defendants’ Cross Motion for Summary Judgment; DENIES Plaintiffs’ request for a permanent injunction; and VACATES the Final Rule.

Oof. You can read the ruling here.

More: https://www.shootingnewsweekly.com/2024/06/13/district-court-vacates-the-atfs-pistol-rule-banning-enforcement-of-the-ban-nationwide/

[Bigun]

Cargil: Bump stocks do not make semi auto rifles into machine guns.

https://www.supremecourt.gov/opinions/23pdf/22-976_e29g.pdf

[Smokin Joe]

Cargil: Bump stocks do not make semi auto rifles into machine guns.

https://www.supremecourt.gov/opinions/23pdf/22-976_e29g.pdf

Been saying that all along. The stock does not change the function of the rifle, only allows the user to more efficiently utilize it.

[Elderberry]

The issue here is NOT Bump Stocks!

The issue here is Pistol Braces turning a pistol into a SBR.

[Smokin Joe]

The real issue here is one of Congress abdicating its legislative authority to unelected appointees in Agencies of the Executive Branch who take that abdication as carte blanche to write law (or regulations with the same weight) without any Congressional oversight or direct accountability to the people. It is an unconstitutional rule by fiat or decree with very real (and often lethal) consequences, especially in the case of the BATF.

It is my humble opinion that none of the major gun control laws pass Constitutional muster: all are infringements on the RKBA, from the NFA of 1934 onward.

But letting agencies make de facto law has had wide sweeping consequences that go far beyond the RKBA.

[Elderberry]

The NFA of 1934  and the GCA of 1968  are the two worse things Congress ever did to try to destroy our RKBA.  And they are still trying.

[Smokin Joe]

The NFA of 1934  and the GCA of 1968  are the two worse things Congress ever did to try to destroy our RKBA.  And they are still trying.

Don't forget the "Firearm Owners Protection Act" which limited select fire and full auto weapons sales for civilians to those produced before 1986. Yes, you can own a machine gun, but the pool of transferable weapons is limited, and aging. (Which is why a select fire AK 47 in the US, legally, and transferable, is worth well above $20,000, but can be bought elsewhere in the world for under $1,000 USD)

[Elderberry]

I remember going to gun shows in the late 70's and seeing MAC10s piled up going for under $200, S&W76s for under $300 and Thompsons for around $700. But that was in Houston and the only way back then was to apply for a Class III Dealer's license. The local police refused to sign Class III applications,  and a Dealers application did not require local permissions. That caused Houston to have more Class III dealers than anywhere else in the country.

[Smokin Joe]

I remember going to gun shows in the late 70's and seeing MAC10s piled up going for under $200, S&W76s for under $300 and Thompsons for around $700. But that was in Houston and the only way back then was to apply for a Class III Dealer's license. The local police refused to sign Class III applications,  and a Dealers application did not require local permissions. That caused Houston to have more Class III dealers than anywhere else in the country.

Being a dealer is the only way you can get your grubbies on a firearm made since 1986 legally if you are not a LEO.

[massadvj]

It was an interesting ruling. The court basically held that bump stocks do not meet the definition of the term "machine gun." But they did not state that bump stocks meet the definition of "arms" under the second amendment. Instead, they are simply saying if congress wants to ban them, fine, but they cannot be regulated away by ATF.

[Elderberry]

It was an interesting ruling. The court basically held that bump stocks do not meet the definition of the term "machine gun." But they did not state that bump stocks meet the definition of "arms" under the second amendment. Instead, they are simply saying if congress wants to ban them, fine, but they cannot be regulated away by ATF.

That is all true, but the article was about pistol braces, not bump stocks.

[Smokin Joe]

Either way, COngress has been abdicating their duty to make such law as needed to unelected agencies which have taken over by making regulations with the force of law, often arbitrarily and capriciously (without rational and reasonable need).

Aside from the one incident in Las Vegas (which has had bugger all forthcoming information) what other incidents have involved bump stocks or pistol braces?