Posted on 08/13/2024 7:16:13 PM PDT by dynachrome
After nearly three months of silence, the U.S. Government has now appealed the June 13, 2024, pistol brace decision to the U.S Court of Appeals for the Fifth Circuit.
The appeal was announced on August 12, 2024.
The case is Mock v. Garland, and it was brought by the Firearms Policy Coalition.
The ATF pistol brace rule targets stabilizer braces attached to AR pistols, claiming the braces turn AR pistols into short barrel rifles (SBRs). And since SBRs are regulated under the National Firearms Act (1934), the ATF issued its rule on AR-pistol braces to stop what it saw as a way around SBR regulations.
Breitbart News reported that U.S. District Judge Matthew J. Kacsmaryk issued a preliminary injunction against the AR pistol brace rule on November 8, 2023.
(Excerpt) Read more at breitbart.com ...
The government is trying to ban a simple device designed to make it easier for handicapped people to shoot. Now those poor handicap people will have to go through the NFA process just to have a gun?
Our own government fights its own constitution
Love my country
Abhor my government
Firearms Policy Coalition should also include the SCOTUS knock down of the Chevron Deference in their briefs to the court.
And the Americans with disabilities act.
Good, they’re going to lose there, and also will at the Supreme Court. The District Court decision was on VERY solid Constitutional ground, and both the 5th Circuit and the Supreme Court are pro-Constitution right now.
Waste of tax money. Deep state communist activism for democrats. Nothing to do with law and order or actual current pursuing criminals.
There is a chance that if ADA is included, it could be classified as a Chevron Deference.
No it wasn't. The District ruling didn't even mention the Constitution (because the challenge wasn't made on constitutional grounds). It said ...
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ...... FINAL JUDGMENT
This Judgment is issued pursuant to Fed. R. Civ. P. 58(a). This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
It is ORDERED, ADJUDGED, and DECREED that:
1. Plaintiffs’ motion for summary judgment on the grounds that the Final Rule violated the Administrative Procedure Act’s procedural requirements because it was arbitrary and capricious and was not a logical outgrowth of the Proposed Rule is GRANTED and Defendants’ cross-motion for summary judgment as to those claims is DENIED.
2. On these grounds, Factoring Criteria for Firearms with Attached Stabilizing Braces (the “Final Rule”), 88 Fed. Reg. 6,478 (Jan. 31, 2023), is hereby VACATED.
3. The Plaintiffs’ remaining claims are DENIED as moot.
4. All other relief not expressly granted herein is denied.
SO ORDERED this 13th day of June, 2024.
Case 4:23-cv-00095-O Document 111 Filed 06/13/24 Page 1 of 1 PageID 2068
The bump-fire stock reversal also relied on APA, NOT a challenge on constitutional grounds. The best strategy for defending 2A is not to do so without putting 2A at risk. FPC got this accomplished by using the Administrative Procedures Act as a Stalking Horse, so even if they'd lost, it would have had ZERO impact on other 2A rights.
African or Asian?
Eighth Circuit, also - 2 to 1
https://ago.mo.gov/wp-content/uploads/233230P.pdf
Appeal from United States District Court
for the District of North Dakota
Daniel L. Hovland [Dubya], District Judge [denied injunction]
____________
Submitted: March 14, 2024
Filed: August 9, 2024
Before GRUENDER [Dubya], SHEPHERD [Dubya], and GRASZ [Trump], Circuit Judges.
SHEPHERD [Dubya], Circuit Judge, dissenting
states that aren’t run by Commies (25 states):
State of Alabama;
State of Alaska;
State of Arkansas;
State of Florida;
State of Georgia;
State of Idaho;
State of Indiana;
State of Iowa;
State of Kansas;
State of Kentucky;
State of Louisiana;
State of Mississippi;
State of Missouri;
State of Montana;
State of Nebraska;
State of New Hampshire;
State of North Dakota;
State of Oklahoma;
State of South Carolina;
State of South Dakota;
State of Tennessee;
State of Utah;
State of Virginia;
State of West Virginia;
State of Wyoming;
Chevron just got shot down.
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