New BATF ruling on stabilizing braces today

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  • BigRed

    Banned More Than You
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    NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members
    MONDAY, APRIL 1, 2024

    The ******* atf needs to be abolished.

    What the hell does it actually do other than infringe upon natural rights and rape liberty?
     

    Amishman44

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    Today, June 13th, 2024, the Fifth Circuit Court in Texas 'vacated' the ATF's Pistol Brace Rule based on it's legality status.
    There is a full hearing on all the the challenges against the ATF's Pistol Brace Rule on August 5th, but today still feels pretty good!
    Good judges (Constitutionally based and accurate) are important to the legal health and overall well-being of our country!

     

    Alamo

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    Today, June 13th, 2024, the Fifth Circuit Court in Texas 'vacated' the ATF's Pistol Brace Rule based on it's legality status.
    Denny: Guy in video is speaking … imprecisely.

    ”5th Circuit Court” usually refers to the appellate court.

    The court that ruled was a district court within the 5th Circuit’s domain. Specificaly the United States District Court for the Northern District of Texas, Fort Worth Division.

    Opinion here:
     

    tcecil88

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    As long as the overall length measured from the end of the barrel without muzzle device to the end of the buffer tube without the brace is less than 26 inches, it is considered a pistol. Typically, an 11 1/2" barreled AR pistol will fall under that. That is my understanding of the regs.
     
    Last edited:

    JAL

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    Federal District Court Judge Reed O'Connor issues final judgement in Mock v. Garland this afternoon (June 13th)
    Vacated the entire ATF Rule.


    FINAL JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that: Plaintiffs' 98 motion for summary judgment on the grounds that the Final Rule violated the Administrative Procedure Act's procedural requirements because it was arbitrary and capricious and was not a logical outgrowth of the Proposed Rule is GRANTED and Defendants' 106 cross-motion for summary judgment as to those claims is DENIED. On these grounds, Factoring Criteria for Firearms with Attached Stabilizing Braces (the "Final Rule"), 88 Fed. Reg. 6,478 (Jan. 31, 2023), is hereby VACATED. The Plaintiffs' remaining claims are DENIED as moot. (Ordered by Judge Reed C. O'Connor on 6/13/2024) (jnp) (Entered: 06/13/2024)

    The entire docket can be read here:
    https://www.courtlistener.com/docket/66774568/mock-v-garland/

    FPC, one of the Plaintiffs, has a web page about the case and its progress. You have ot scroll down to the District Court portion to see this latest event:
    https://www.firearmspolicy.org/mock

    I expect this will be immediately appealed to 5th Circuit with Garland and Dettelbach requesting a stay. Note that this judgement was not based on any 2A argument. It is based on ATF's Final Rule was not a logical outgrowth of the Proposed Rule. What does that mean? ATF can go back and rewrite a Proposed Rule that matches the Final Rule that was just overturned, allow a minimalist comment period, and then release it. This ain't over yet.
     
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