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.