BREAKING: Fifth Circuit Issues Injunction on ATF Pistol Stabilizing Brace Ban
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.
FPC has argued that the rule is a violation of both the U.S. Constitution and the Administrative Procedure Act because it infringes upon the fundamental and natural rights of the People. Plaintiffs sought declaratory and injunctive relief to secure their constitutionally protected right to keep and bear arms.
Per the the Fifth Circuit’s Order, “IT IS ORDERED that the appeal is EXPEDITED to the next available Oral Argument Calendar. IT IS FURTHER ORDERED that Appellants’ Opposed Motion For a Preliminary Injunction Pending Appeal is GRANTED as to the Plaintiffs in this case.”
FPC intends to seek clarification as to who is covered under the scope of the injunction.
“We are very excited and encouraged by the Fifth Circuit’s decision this morning,” said Cody J. Wisniewski, Senior Attorney for Constitutional Litigation at FPC Action Foundation. “We intend to ask the Court for additional information about who is covered under the injunction, but cannot stress enough just how important this decision is. The fight is far from over, but this is a huge victory in the battle against the ATF’s unconstitutional and unlawful brace rule!”
Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.
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About the Author: Patriotman
Patriotman currently ekes out a survivalist lifestyle in a suburban northeastern state as best as he can. He has varied experience in political science, public policy, biological sciences, and higher education. Proudly Catholic and an Eagle Scout, he has no military experience and thus offers a relatable perspective for the average suburban prepper who is preparing for troubled times on the horizon with less than ideal teams and in less than ideal locations.
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