In another small victory in the war against ATF overreach, a federal judge has blocked ATF regulations on pistol braces.
After the U.S. 5th Circuit Court of Appeals found that a challenge to the Biden administration’s rule regulating pistol braces as short-barreled rifles (SBR) would likely prevail, a district judge entered orders enforcing the appeals court’s findings — blocking any enforcement against the plaintiffs, their customers, or their families.
The case, styled Mock v Garland, was brought against the Department of Justice by the Firearms Policy Coalition (FPC) to challenge the reclassification of popular pistol braces as SBRs, which are heavily regulated weapons under the National Firearms Act (NFA). That law requires extensive background checks, a $200 tax that in some cases takes over a year to pay, and carries additional restrictions on the firearm.
Violating any of the nuanced rules in the NFA can subject the owners to heavy fines and penalties.
While the district court had initially denied the plaintiffs’ request for an injunction, the instructions from the 5th Circuit instructed the district judge to grant the request in a manner consistent with their findings.
On October 2, Judge Reed O’Connor issued the order blocking enforcement of the law against the individual plaintiffs, FPC and their members, pistol brace manufacturer Maxim Defense, and their customers and families.
The lawsuit will now proceed to trial, along with challenges brought by several other gun rights groups in separate cases seeking to have the rule struck down entirely.
As I’ve stated before, the pistol brace rule would retroactively make millions of law-abiding Americans criminals for not registering them (which, for the left, is no doubt the point). Government agencies should not be able to unilaterally and retroactively declare ownership of legally obtained goods suddenly forbidden on penalty of law.
This ruling is also another example of why the black-pilled “Republicans are useless” mutterings are wrong. Without Reagan, Bush41, Bush43 and Trump judicial appointments, it’s overwhelmingly likely that none of the landmark Second Amendment cases (Heller, Bruen) go our way, and ruling Democrats would be busy working on complete disarmament of American citizens.
It’s important to celebrate every victory for freedom, no matter how small.
Tags: ATF, Firearms Policy Coalition, Guns, Maxim Defense, Mock v. Garland, pistol brace, Reed O’Connor, Regulation, Texas
We should celebrate every 2A victory. I’m holding out hope that the same thing happens with Forced Reset Triggers, but I’m predicting the courts will stop short of following the law’s very own guidance on that one.
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The most egregious part about this whole thing was always the fact that the BATF first approved these braces, and then retroactively decided they were felony-level crimes to possess.
If that ain’t clearly entrapment, nothing is. Not to mention, illegal taking, and a half-a-dozen other clear Constitutional violations that don’t even begin to approach the Second Amendment. Deprivation of due process for one thing, and operating without clear Congressional guidance throughout. BATF has been making its own rules for far too long.
Based on just this alone, I believe the BATF is long overdue for dissolution. It isn’t a lawful agency, and many of its employees are basically dishonest thugs. Look at what they’ve been doing to dealers, at the behest of the Biden Krime Krewe, and there was not a single protest by the “good” agents. Also, do note that when the Obama Krime Krewe was sending weapons south to Mexico, none of the oh-so-righteous BATF types blew any whistles until another Federal agent was killed with one of their weapons they’d sent south. Apparently, it’s A-OK to violate international law, ITAR, and kill dozens of Mexican citizens, but killing another Fed? Oh, that’s a step too far, for these sanctimonious pricks.
I’ve no use for any of them, although I have known a couple who weren’t utter creeps. Same with the Seattle PD, though… The good guys don’t even begin to make up for the bad, and they’ve not been doing their job of policing the ranks.
BATF needs the institutional death penalty, and the current lot of thugs need to be banned from ever working law enforcement anywhere, ever again. We also ought to be looking at cancelling the pensions and benefits for the assholes that recruited, trained, and promoted them. Let them die in poverty under some bridge, somewhere, thinking about those Mexicans that died because of their non-existent professional standards. And, fuck their families for having had the poor taste to tolerate them as members. Raze their facilities and offices, salt the earth…
A dramatic point needs to be made to the unelected Federal bureaucrats, and I’d like to nominate the BATF for the position of poster child.
The current Republican leadership is useless. They are as likely to create friendly-fire as they are to fight the enemy.
The performance of past Republican-appointed judges has nothing to do with the spinelessness of current Republican party leadership. We got lucky with some of those judges. It certainly isn’t the rule; Chief Justice John Roberts is a good example. Totally undependable. I still wonder what they are holding over his head.
Yay. California’s ridiculous magazine size limit is next. Then on to the license to carry restrictions that negate the ability to carry concealed anywhere.
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the biden administration really stepped in it here
by going so hard in the paint against pistol braces
theyve opened the door
for plaintiffs and the courts to use bruen
to make short barrelled rifles
no longer part of the nfa