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Wednesday, May 24, 2023

FPC Wins Injunction Against ATF’s Pistol Brace Ban for Plaintiffs, But NOT For You - Ammoland.com

 WICHITA FALLS, Texas — Firearms Policy Coalition (FPC), Christopher Lewis (Maxim Defense Industries, LLC), and William T Mock won an injunction for the plaintiffs against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) new pistol brace rule.

The decision was handed down by a Fifth Circuit Court of Appeals three-judge panel this morning. The panel consisted of two Donald Trump appointees and one George W. Bush appointee. The panel is waiting to hear arguments in Mock v. Garland, where the plaintiffs are taking on the ATF’s new pistol brace rule that would reclassify millions of pistols equipped with pistol stabilizing devices as short-barreled rifles (SBRs) under the National Firearms Act of 1934 (NFA). The change would mean millions of Americans could become felons on June 1, 2023, when the window closes to register, destroy, modify, or turn in their firearm equipped with a pistol brace to authorities.

The injunction will protect the status quo until the appeals court can hear the case that has been granted expedited status. By granting the injunction, the Court seems to indicate that they believe that the Plaintiffs are likely to succeed on the merits of the case because that is one of the hurdles that must be overcome to receive an injunction from the Court.

The case claims that the new rule violates the Administrative Procedures Act because the ATF has no authority to make such a regulation. The Plaintiffs claim that the ATF is sidestepping Congress and making a de facto law at the behest of the White House for political gain.

Click the link to read the whole article with attachments:  FPC Wins Injunction Against ATF’s Pistol Brace Ban

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