In a significant legal development for 2A advocates, a federal court has issued a nationwide injunction against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s rule on firearms with attached stabilizing braces, commonly known as the pistol brace rule.
The ruling, hailed as a major victory by gun rights supporters, effectively nullifies the ATF’s recent regulation attempts on these firearms.
William Kirk, President of Washington Gun Law, reported the development in a recent video (see above) from Securite Gun Club in Woodinville. According to Kirk, the case in question, Britto v. ATF, was filed in the United States District Court for the Northern District of Texas, Amarillo Division.
The court’s decision not only affects named plaintiffs in this specific lawsuit but extends its impact nationwide, a first in the legal battles surrounding the ATF’s pistol brace rule.
The court’s order, concise yet comprehensive, spans only nine pages (see below). It cuts directly to the primary legal argument, bypassing more complex constitutional issues to focus on violations of the Administrative Procedure Act (APA).
The ruling indicates that the ATF’s regulation did not meet the necessary legal standards and was deemed “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.”
Notably, the court’s decision leans heavily on the precedent set in Mock v. Garland, another case challenging the ATF’s regulation. This earlier case had already established that the pistol brace rule likely violated the APA, guiding the court’s reasoning in the Britto case.
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In terms of the impact of this ruling, it effectively halts the enforcement of the controversial rule on a national scale. This provides immediate relief to gun owners who had found themselves potentially in violation of federal law due to the ownership of firearms equipped with stabilizing braces.
The government is expected to appeal the decision, indicating that the legal battle over the ATF’s pistol brace rule is far from over. However, as it stands, the rule has been stayed in its entirety, marking a pivotal moment in the ongoing debate over gun control and rights in the United States.
About Washington Gun Law:
Washington Gun Law is a platform dedicated to informing the public about firearms laws and regulations. Led by President William Kirk, it provides insights and updates on legal developments impacting gun ownership and usage.
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You will not get a response from NRA either if it doesn’t involve money in their pockets they don’t give a shit !! Was a member for a long time !! Oh if this upsets u zombies following their every word ! SO BE IT !!
You will not get a response from NRA either if it doesn’t involve money in their pockets they don’t give a shit !! Was a member for a long time !! Oh if this upsets u brain trained members. TO BAD Z as FIRST AMENDMENT!!!
in new york your not allowed to have a ar9 w detachable magazine. my question is if handguns l ike glock have detachable mags why cant ar9 have it aslong as the mag only holds 10 shots. also if we form a regulated militia why cant we own guns at least equivlant to what the oppressors of tyranny would have. why is fair that those of a well regulated militia following the 2nd ammendmnent cannot have the tools they feel necessary for survival against a tyrannical government. by nys making a law that gun owners cannot possess state of the art equipment is indeed wrong and promoting tyranny. what is the purpose of a well regulated militia if cannot go against laws set to hinder its quality of protection against the very government that is oppressing it
Braces going back on. Saved $200 x times, and didn’t succumb to a defacto federal registration.
I see several gun groups around the nation filing and sometimes winning various gun rights bills, but seldom do I see the NRA as front and foremost on them. I am an NRA lifer, but what exactly have they been doing when groups such as Wash. Gun Law, SAF, GOA, and CCRKBA, seem to be winning? I have sent a letter or two inquiring about a few things, one being the hooplah over the clothing budget of LaPierre, wanting them to tell me their story to refute what the MSM kept blabbing about. Never got a reply, and even included an SASE.
With the injunction stayed, it may be many months before the stay is lifted. However, the Fifth Circuit Court of Appeals just yesterday issued a scathing rebuke of the ATF for its redefinition of what constitutes a firearm, characterizing the new definition as vague and ambiguous, so much so that only the ATF could tell when that which is not a firearm is a “firearm” as defined by the Department. It also concluded that parts kits are not firearms and not subject to regulation, and that it is still legal for hobbyists to build homemade firearms unless and until Congress says otherwise. It concluded that the ATF, instead of rulemaking, was legislating in excess of the authority granted by Congress under the GCA of 1968. Unfortunately, that decision is also stayed by order of the Supreme Court until the decision is final in the Court of Appeals or expiry of the time to file for cert or denial of a petition for cert.