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Posted on 06/13/2024 10:29:16 AM PDT by george76
More good news out of the Northern District of Texas. Judge Reed O’Connor has issued a rulling 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. 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 spouted all the same bogus hoplophobic talking he’s been using since finding himself in the Oval Office.
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.
...
Here’s the FPC’s press release cheering the ruling . . .
Today, Firearms Policy Coalition announced a major legal victory in its Mock v. Garland lawsuit challenging the Biden Administration’s “pistol brace” ban rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF). In the decision, United States District Court Judge Reed O’Connor granted summary judgment in favor of FPC and its co-plaintiffs and issued a final judgment and order vacating the ATF’s rule. The case and opinion can be found at FPCLegal.org.
“The Biden Administration’s ATF hates us so much that it lawlessly acted to turn millions of gun owners into felons, but FPC and our members ran towards the fire and defeated this evil,” said FPC President Brandon Combs. “Today’s order shows that our community can take on an immoral government and win. FPC members should be proud of what was accomplished today. We look forward to defending this victory on appeal and up to the Supreme Court, just as we have in other cases.”
Today’s victory is one in a line of FPC community successes against the Biden Administration. Indeed, the United States Supreme Court recently agreed to hear one of FPC’s cases in which it prevailed in the courts below.
The plaintiffs are represented by attorneys Cody Wisniewski of FPC Action Foundation, Bradley Benbrook and Stephen Duvernay of the Benbrook Law Group, and R. Brent Cooper and Benjamin Passey of Cooper & Scully. Plaintiffs in this case are two individual FPC members, Maxim Defense, and FPC. FPC Action Foundation represented the Plaintiffs, alongside Benbrook Law. FPC expects the Mock decision and remedy to be appealed by the U.S. Department of Justice (DOJ).
2A victory!
ATF controversial pistol brace rule
2A win, but if they appeal, it will still be years before it gets to the SC if they even take it up. But denying to accept the appeal is a win because the SC doesn’t think the loser courts got it wrong.
They will appeal, and be granted a stay. It’s what they do
Kick BUTT!!!
Great news!
I was in the middle of posting the same news (from a different source) then became side-tracked feeding the cats.
Here is the article from BearingArms.com that I was going to post.
“Federal Judge Vacates ATF Rule on Pistol Braces”
“This is a big win for the Firearms Policy Coalition and their co-plaintiffs in the case, and it should provide some meaningful protection for the immediate future. The DOJ will almost certainly appeal O’Connor’s decision, but Merrick Garland and company aren’t likely to find a lot of allies in support of the rule at the Fifth Circuit Court of Appeals, which would be the next stop for the case. Garland could try to appeal directly to the Supreme Court on the issue, but SCOTUS has been reluctant to hear interlocutory appeals from gun owners in the two years since Bruen, and there’s no guarantee the Court would take up Mock v. Garland before the Fifth Circuit has a chance to weigh in on O’Connor’s decision. “
Doubtful on the stay as most of us were already exempted by the court.
ATF= Almighty Tyranny Force
Speaking of stupid, made up rules - anyone know the legal state of the forced reset triggers fight?
Nope. I know there’s a Youtuber in jail for making fun of the ATF and their made up rules. They nailed him for having a rectangle piece of flat SS metal with an engraving on it. They convinced this piece of flat metal was a machine gun. Their theory was if someone was to cut out this piece of stainless steel (pretty hard) and insert it that it would be come fully automatic. That’s a lot of bridges to jump but he still sits in jail to my knowledge.
The ATF has no authority to make law.
Stroke of the pen, law of the land. Congress has allowed the Executive and Judicial branches to run roughshod over them.
“.....Congress has allowed the Executive and Judicial branches to run roughshod over them.”
It’s because they are compromised.
I’m tired of being fundamentally transformed. Enough is enough.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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Anybody got some Good SUPER GLUE?
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