WICHITA FALLS, Texas — Firearms Policy Coalition (FPC), Christopher Lewis (Maxim Defense Industries, LLC), and William T Mock won an injunction for the plaintiffs against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) new pistol brace rule.
ALERT: The Fifth Circuit has issued an injunction pending appeal as to “the Plaintiffs in this case” in our lawsuit challenging the ATF’s pistol brace rule. Stay tuned here and on our website as FPC seeks clarification from the Court as to who is covered: https://t.co/fCCmBeqt30 pic.twitter.com/NylpRjiJ35
— Firearms Policy Coalition (@gunpolicy) May 23, 2023
The decision was handed down by a Fifth Circuit Court of Appeals three-judge panel this morning. The panel consisted of two Donald Trump appointees and one George W. Bush appointee. The panel is waiting to hear arguments in Mock v. Garland, where the plaintiffs are taking on the ATF’s new pistol brace rule that would reclassify millions of pistols equipped with pistol stabilizing devices as short-barreled rifles (SBRs) under the National Firearms Act of 1934 (NFA). The change would mean millions of Americans could become felons on June 1, 2023, when the window closes to register, destroy, modify, or turn in their firearm equipped with a pistol brace to authorities.
The injunction will protect the status quo until the appeals court can hear the case that has been granted expedited status. By granting the injunction, the Court seems to indicate that they believe that the Plaintiffs are likely to succeed on the merits of the case because that is one of the hurdles that must be overcome to receive an injunction from the Court.
The case claims that the new rule violates the Administrative Procedures Act because the ATF has no authority to make such a regulation. The Plaintiffs claim that the ATF is sidestepping Congress and making a de facto law at the behest of the White House for political gain.
The Biden Administration has openly opposed gun owners and the Second Amendment. Biden’s ATF has increased the revocation of federal firearms licenses (FFLs) by 500% for errors in paperwork under its zero-tolerance policies.
FPC is claiming that the ATF also is violating the rule of lenity. The rule of lenity states that if a law is ambiguous or unclear, it must be interpreted for the defense (the people, not the government). The Fifth Circuit has taken on the rule of lenity in Cargill v. Garland, where it ruled that the Trump-era bump stock ban violated the legal principle.
Mr. Lewis, who owns Maxim Defense Industries, LLC, will also likely show irreparable harm. Since the introduction of the new regulation, Maxim Defense Industries has had to fire 13 people since the market for pistol stabilizing devices and braced firearms has tanked. If the brace rule is allowed to go into effect, it could put multiple companies out of business, causing the loss of jobs.
A District Court judge ruled against the Plaintiffs because the judge felt that there wasn’t enough information to issue an injunction. The Plaintiffs disagreed with the judge and appealed the case to the Fifth Circuit Court of Appeals for consideration. The appeal in the case has been expedited to the next available Oral Argument Date.
Even though this injunction only applies to the Plaintiffs, it strengthens the case for other requests for injunctions and temporary restraining orders (TROs). Gun Owners of America (GOA) and Texas have a case at the District Court level and are asking for both a TRO and a preliminary injunction (PI). The panel’s decision might sway the District Court judge to issue a nationwide injunction.
If a nationwide injunction isn’t issued, the new rule will go into effect on June 1, 2023, and the window to register a braced pistol with a stabilizing device attached for a tax stamp with a forbearance on the $200 fee will be closed.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
FBATFE has no lawful authority to rewrite laws, write new laws, nor redefine words in existing statute such as firearms, rifle, suppressor, readily, etc. Further, FBATFE has no power to alter or author laws that have criminal results
EXACTLY correct there!! And since the legal system is 100% corrupted, it has ZERO power or authority to enforce any of those unlawful edicts! Here is the exposed root of the tree of evil that we should be striking at, it is that NO man or woman anywhere in the legal system is any better than anyone who is outside of it, therefore who is really fit to judge others? WHERE is our written guarantee that we will actually GET a fair trial in a den of thieves and vipers who are all seeking to do us some kind of… Read more »
So you’re ok with biden (handlers)?
You’re not in a position to judge him? You don’t / can’t take any exception…..to any of it?
ANY and EVERY person in the ‘handler/0bama/biden/hariss/appointee’ in ANY “governmental” Office that introduces ANY “rule, regulation or “law”” that IS CONTRARY to the Constitution, MUST be ARRESTED, PROSECUTED and PUNISHED for ABDICATING their SWORN OATH-of-OFFICE!!!
Aye, but there’s the rub!! They don’t HAVE an oath of office of any kind on record! And underneath that, is the fact that the legal system, and I mean EVERY aspect and facet of it, is corrupted, therefore, the next step in logic is that NO man or woman in it has ANY amount of legitimate power or authority over anyone else! It is no different a situation than someone holding up and shooting up a liquor store, they are committing crimes, ergo they are criminals, and criminals deserve whatever comes to them!! When someone acts willfully and blatantly… Read more »
(6) The ATF Can NOT Be Serious With This – YouTube
Congrats FPC and Plaintiffs.
I’m not sure why the Fifth Circuit did not rule nationally. Hopefully the case in Texas will make that ruling.
I for one would like to see in my lifetime the people that make these unconstitutional laws and edict’s hang from a rope on the capital steps.
Oh yeah and I’ll bring the popcorn.
….and the astroglide…
their ruling only applies to that district, not nationally. scotus ruling are nationwide. it does give some standing for like cases and eventually scotus will take it up to solidify the different rulings.
Article I, Section 9, Clause 3 of the US Constitution explicitly Prohibits Cingress from passing Bills of Attainder and Ex Post Facto Laws and Legislation. It stands to follow, that the Prohibition applies to the Unelected Bureaucracy too. As the Constitution explicitly Grants the Power of the purse and authority to pass Laws and Legislation solely in the hands of Congress. It does not grant that power to any other branch/body of our government.
For the DOJ/ATF to attempt to use the Administrative Procedures Act to bypass that which is explicitly prohibited is Unconstitutional Overreach by the Bureaucracy. Period.
Regarding my previous comment. I have removed the 9″ barrel from my AR, and installed a 16″ barrel (buffer tube and stock too), so I can continue to use my Firearm and remain “”Legal.””
Should the Rebellion start, I will reinstall the 9″ barrel, and start shooting.