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In a major victory for gun rights advocates, a federal court has vacated the ATF’s controversial pistol brace rule.
This ruling came from the Northern District of Texas in the case of Mock v. Garland. The decision brings an end, at least temporarily, to a regulation that has been hotly contested by 2A advocates and legal experts alike.
Table of contents
The Journey of the Pistol Brace Rule
The pistol brace rule has been a roller coaster of legal battles and debates.
The rule, which regulated firearms with attached stabilizing braces, faced numerous challenges since its inception.
Washington Gun Law, a prominent voice in this debate, has extensively covered this topic, emphasizing its impact on gun owners.
Legal Battle and Summary Judgment
The case began in the district court before moving to the Fifth Circuit, which expedited the process.
Both sides filed for summary judgment, a legal procedure where the court decides a case based on the facts and law without a trial.
The court granted the plaintiff’s motion, favoring Mock and the Firearms Policy Coalition, thereby vacating the rule.
The Court’s Decision
The court’s one-page order was concise, stating that the ATF’s rule violated the Administrative Procedure Act’s procedural requirements and was deemed arbitrary and capricious.
As a result, the court vacated the rule, effectively removing it from enforcement for the time being.
Future Implications
While this ruling is a significant win for gun rights supporters, it is unlikely to be the final chapter.
The Department of Justice is expected to appeal the decision, potentially bringing the case to the Fifth Circuit again and possibly the Supreme Court.
Until then, the ATF’s rule on pistol braces remains unenforceable.
What’s Next for Gun Owners?
For those who registered their firearms under the now-nullified rule, the registration stands null and void.
However, the information provided to the ATF remains in their records.
Conclusion
As the legal battles continue, gun owners and advocates will closely watch the developments.
For now, the victory in Mock v. Garland represents a crucial moment in the fight for Second Amendment rights.
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If the ATF hadn’t sent a letter authorizing shouldering the pistol bracket, okay bad from start. But this seems to be have intended to be entrapment so they could locate the ar and al pistol platformd.
Good start. Now, just disband the ATF altogether. It exists for one reason only… Implementing the unconstitutional demands of power-hungry Marxists.
Our free form 4 is not null and void….what a weird thing to say. Do you even have one or seen one?….it is different than the standard one. I called them and talked to them to clarify language on the form 4….not a tax stamp…no tax was paid.
The atf already has our info with their illegal registry that they have been building. When a manufacturer sells a gun with a brace….its traceable to the dealer and then to the purchaser….they do it all the time……they know that some of us have braces…..and now I have a forward verticle grip….wassup?