Any update on the pistol brace rule?

It's probably too soon. All these legal wheels move slowly.

Mark_Mark said:

pistol brace ... i heard it ok again

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On November 8th, Wisconsin Institute for Law & Liberty secured a nationwide injunction for Britto v ATF - https://www.thehighroad.org/index.p...ace-rule-lawsuits.920838/page-4#post-12754989

Ruling - https://will-law.org/wp-content/uploads/2023/11/177116400067.pdf

I am sure ATF is working on appealing the district court injunction but for now, pistol braces are legal nationwide as federal district court judge ruled to stay (stop/halt) the pistol brace rule "in its entirety".





BTW, my signature lines have a link to all current 2A cases status updates.

Any idea when this case will actually go to court and we will get a final resolution?

Balrog said:

Any idea when this case will actually go to court and we will get a final resolution?

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We have been following the pistol brace lawsuits since February of this year - https://www.thehighroad.org/index.php?threads/atf-pistol-brace-rule-lawsuits.920838/

These are recent updates for Mock v Garland and NAGR/TGR v ATF which received preliminary injunctions for their members - https://www.thehighroad.org/index.p...ace-rule-lawsuits.920838/page-4#post-12745806

SAF v ATF, TX/GOA v ATF, Watterson v ATF and other lawsuits were granted preliminary injunction for plaintiffs referencing Mock preliminary injunction which was appealed to the 5th Circuit which agreed with district court ruling for preliminary injunction for plaintiffs/members - https://www.thehighroad.org/index.p...ace-rule-lawsuits.920838/page-2#post-12667785

And Britto v ATF at district court was just granted nationwide injunction - https://www.thehighroad.org/index.p...ace-rule-lawsuits.920838/page-4#post-12754567

At last count, there are 10 lawsuits filed against ATF pistol brace rule with most of cases at district court level with preliminary injunctions issued referencing Mock case - https://www.thehighroad.org/index.php?threads/17-states-join-goa-gof-and-sue-atf’s-new-firearms-rule-on-80-percent-kits.908730/page-3#post-12647256

There has been Congressional effort to reverse ATF pistol brace rule with hearings already held with ATF director to clarify who decides what constitutes a SBR - https://www.thehighroad.org/index.p...ace-rule-lawsuits.920838/page-2#post-12667790


Mock v Garland is the most advanced case with preliminary injunction appealed to the 5th Circuit already which was ruled in favor of FPC with granting of preliminary injunction on 10/2/23 - https://assets.nationbuilder.com/fi...ion_for_Preliminary_Injunction.pdf?1696319429


With Mock, Britto and other cases pointing clearly to ATF violation of the APA (Including the 5th Circuit) with no Bruen mandated analogue to comply with "Text and history ... tradition" burden that shifted to the government, and Congress yelling at ATF that authority to expand the definition of SBR to include braced pistols was not authorized, it doesn't look good for pistol brace rule as anticipation is one by one, courts will rule against ATF in violating APA and Second Amendment with 5th Circuit likely ruling the same on appeals.

Balrog said:

Any idea when this case will actually go to court and we will get a final resolution?

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Yes.
It's my idea that Mock v. Garland will get to court, for the final time, in three to five years. The antis will drag their feet rather than face an actual, full stop, court defeat. They will attempt to wait out the current composition of the involved Courts, too.

As to a final resolution, that's more complex.
I'll imagine that they are already busy crafting new CFR "rules" that ignore the present Court findings, just as the various States were so quick to abrogate Bruen rulings. "They" oppose us at every turn. They have no compromise position at all. Their minimum sucess condition is 100% bans and loss of Rights. Thus their only "compromise position" must needs mean that we have a loss of Rights and/or property.

Our present Courts are recognizing that Rights abrogates or truncated are not actually Rights at all. That there must needs be Due Process and a strict following of procedure. Both of which are anathema to the anti position.

CapnMac said:

It's my idea that Mock v. Garland will get to court, for the final time, in three to five years.

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Another thing that could happen is depending on 2024 election.

If a pro 2A president gets to the White House, ATF director can be ordered by the president to rescind the pistol brace rule with House passing a bill, perhaps under ADA/disability banner, and with support of Senate (could happen as increasing number of Democrats are buying guns too), president signs the bill into law with pistol braces permanently protected by Second Amendment.