Court Offers Way Around ATF Pistol Brace Rule That’s About To Outlaw 20M Guns

  • A lawsuit challenging the Biden administration’s rule redefining braced pistols as short-barreled rifles (SBRs) regulated under the National Firearms Act is paying dividends—and things might soon get even better.
  • The lawsuit, Mock v. Garland, was filed by the Firearms Policy Coalition (FPC) and seeks to have the new Justice Department rule struck down for violating both the U.S. Constitution and the Administrative Procedure Act. As FPC pointed out in the lawsuit, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.
  • Per the Fifth Circuit’s Order: “This clarification is granted essentially for the reasons concisely set forth in the May 25, 2023, Plaintiffs-Appellants’ Reply to Their Opposed Motion for Clarification of Injunction Pending Appeal. . . Plaintiffs merely request clarification on whether their reading of the term ʻPlaintiffs’ to include the customers and members whose interests Plaintiffs Maxim Defense and Firearms Policy Coalition (ʻFPC’) have represented since day one of this litigation is correct.’  That reading is correct. Also as requested, the term “Plaintiffs in this case” includes the individual plaintiffs’ resident family members.”
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