Skip to comments.Judge’s Declare Gun Rights Groups & Texas Protected From ATF Pistol Brace Rule
Posted on 05/31/2023 7:39:19 PM PDT by CFW
The Bureau of Alcohol Tobacco and Firearms (ATF) pistol brace rule that would see millions of Americans become felons overnight was dealt another devastating blow in a Texas District Court. Gun Owners of America (GOA), Gun Owners Foundation (GOF), and the state of Texas successfully won a preliminary injunction (PI) against the new regulation.
“For these reasons, the Court GRANTS IN PART Plaintiffs’ Motion for Preliminary Injunction, (Dkt. No. 16). Defendants are ENJOINED from enforcing the Final Rule against the private Plaintiffs in this case, including its current members and their resident family members, and individuals employed directly by the State of Texas or its agencies. The preliminary injunction will remain in effect pending resolution of the expedited appeal in Mock v. Garland,” the order reads
The victory comes one week after the Firearms Policy Coalition successfully secured a preliminary injunction from the Fifth Circuit Court of Appeals for its members against the ATF overreach.
(Excerpt) Read more at ammoland.com ...
I'm looking for more information.
Here is a twitter thread from GOA (Gun Owners of America) that gives some information and the court ruling. Thankfully, since Elon Musk bought twitter, you don’t have to be a registered twitter user to read such posts (or tweets). That’s all I’ve found thus far.
I’m not disabled and do not have a pistol brace, but that doesn’t mean I will not be in that position in the future. Any encroachment of 2nd Amendment rights should be of concern to all Americans.
“Apparently, this ruling has just been issued (a couple hours before the new regulations regarding pistol braces goes into effect). However, it just applies to Texas from what I’ve read.
I’m looking for more information.”
I got this email for the Firearms Policy Coalition, of which I am a de facto member because I donated to them:
“We’re sending you this email in light of today’s opinion regarding who is covered by the pistol brace injunction in FPC’s case.
If you are receiving this email, you are an active member per our records and covered by the injunction.
Should you have any questions, please contact our customer support team at email@example.com.”
I’m not sure if it’s the same ruling as your post and it’s too late to look it up right now.
In other 2nd Amendment news,
“Constitutional Carry set for final vote in Louisiana”
I think that would make Louisiana the 28th state with Constitutional carry. Gun control advocates are winning in the deep blue states, but losing elsewhere.
Different case. Got the same email.
The ATF F Department is an unconstitutional infringement on American citizens’ liberties. It must be ended. Reassign the staff to legal useful work that helps the country. Many choices.
I’m sure this case is what they are referring to, but if it applies to the plaintiffs and the state of Texas when it comes to the accessory, it should apply to other states as well. We shall see.
At least we are seeing one Court taking the issue seriously and making a ruling prior to the “agency” regulation going into effect. I have occasionally referred to it as a “law” and that is a mistake. It’s not something that has been passed by Congress but rather by agency dictate.
“Different case. Got the same email.”
Well, how many 2nd Amendment cases do we have going on in which decisions have been handed down today? “Shall not be infringed” should be engraved on a plaque on each judge’s wall. LOL
“The ATF F Department is an unconstitutional infringement on American citizens’ liberties. It must be ended.”
You have that right! When talking of the use of firearms for even self-defense, if I ask a democrat what a little ole 115 pound lady like myself should do when threatened with bodily harm, they suddenly turn into a licensed psychologist and want to discuss why an assailant might be attempting to do me harm. About 30 seconds in, I respond, “Okay, I’m dead now. You should have arrived sooner”. At that point they have the deer in the headlights look. LOL. If I try to tell them the real meaning of the 2nd Amendment, they are more inclined to need a bevy of psychiatrists for themselves.
I don’t understand the headline. The judge has a declare? And his declare does what?
So parts of the country are exempt. Sadly, Nevada not included.
That still requires you to be in a covered state. I am a member but live in Nevada, so not covered.
“I don’t understand the headline. The judge has a declare? And his declare does what?”
I expect in the excitement the headline was written incorrectly. It probably should have read, “Judges Declare....”.
The ruling is as follows:
“For these reasons, the Court GRANTS IN PART Plaintiffs’ Motion for Preliminary Injunction, (Dkt. No. 16). Defendants are ENJOINED from enforcing the Final Rule against (1) the private Plaintiffs in this case, including its current members and their resident family members, and (2) individuals employed directly by the State of Texas or its agencies. The preliminary injunction will remain in effect pending resolution of the expedited appeal in Mock v. Garland. It is SO ORDERED.”
Which means until the final resolution by the court, the BATF cannot enforce their regulation against the Plaintiffs or Texas agencies. A final ruling has not yet been issued. This is a good sign.
You can go to the link and read the entire opinion.
I have shot a pistol with a brace and it's very helpful.
Lessons fatigue for better range time.
Helps with control for better groups.
Just a more comfortable , enjoyable day at the range.
I don't remember reading about a wave of gang bangers with pistol braces swarming over the land. Did I miss it?
This is really just an in your face power move.
I wonder whats next?
“This is really just an in your face power move.
I wonder whats next?”
What’s next? That’s the part that has me worried.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from this Ping List.
More 2nd Amendment related articles on FR's Bang List.
This whole bs is over the fact people are building “pistols” using the braces that otherwise would be classified as a short barreled rifle. If it doesn’t have a stock and was under 24 inches, it’s a pistol per old atf nonsense. A pistol brace can and is routinely used in place of a stock. Also per old atf rulings, they stated a pistol brace was not a stock.
A rifle with a 10.5inch barrel can be a pistol or a sbr depending on whether you used a pistol brace or a stock.
The above is common in conjunction with 80% lowers, which is why atf tried to take both out at the same time.
ATF doesn’t like the loss in tax revenue from missing sbr stamps.
All is boils down too.
New Jersey has just passed laws to make it illegal for it’s residents to visit, drive thru or fly over Texas.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.