Atf Stopped from Enforcing Pistol Brace Rule

[MarkB]

The Fifth Circuit Court of Appeals has temporally stopped the ATF from enforcing the new pistol brace rule.

https://www.foxnews.com/politics/federal-court-deals-blow-atf-pistol-brace-rule-gun-accessory-registration-deadline

[Libertarian5]

Well kinda. The courts temporary halt doesn't specify if it's national or just for the plaintiffs in the case. A gun rights group, a manufacturer of braces etc. We can only hope it's farther reaching then just for the plaintiffs.

[MarcWinkman]

More movement in our favor is being made on the ATF pistol brace rule, at least out of the 5th Circuit Court of Appeals.  Based upon my quick reading of the opinion out of the 5th, I'd venture to say that the ATF's final rule in the pistol brace rule is probably going to be dead in the water by the end of this year.

Here's a link to the original opinion for Mock v. Garland:

https://www.ca5.uscourts.gov/opinions/pub/23/23-10319-CV0.pdf

Pay close attention to the concurrence by Circuit Judge Willett at page 41 of the opinion.  Although it is dicta and not in of itself binding authority, it is language that I see being heavily quoted and cited in any 2A litigation going forward.

[sprue]

I received an email from FPC (i'm a member) in May after they got clarification from the judge saying that all FPC members were covered by the injunction. From the email:

"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 support@firearmspolicy.org.

Also, please remember to encourage your friends and family to join as well at JoinFPC.org to be covered under the injunction.

Stay Free"

Further developments are very promising though and I've been eagerly awaiting for news on this and the frame/receiver rule. It took longer than I thought, but it's looking very good. Now if we could see some movement on the assault weapon ban that would be awesome.

Firearms Policy Coalition

[Libertarian5]

I am pretty sure GOA and SAF members are covered also if I'm not mistaken. Not sure about the NRA members?

[Just Bill]

I'm fuzzy on this point.  How can you have a rule/law that only applies to members of certain organizations??  Comrade??

[Oaklandopen]

I guess it's like the "grandfather clause". If you had it before the ban it's ok..... like that makes any sense

It's also ok if you have money to pay for the tax stamp.  All this stuff is soooo dangerous for society at large unless you have money, are part of the correct group,  or have a specific background

[Just Bill]

Many of us have gadgets that we had before they were illegal, does that now make us criminals???  It would appear it does.  Most of my firearms are OLD.  Does that make me a criminal because I still have them?  This is a gument out of control.  We MUST elect people that will get us out of this mess, or we are doomed!!!!  In DE, we are doomed. 

Bill

[Clarence]

I am pretty sure GOA and SAF members are covered also if I'm not mistaken. Not sure about the NRA members?

NRA not part of lawsuit. This applies to members of those groups so that they can’t reject the lawsuit for “lack of standing” which is a common way of kicking the can down the road.