" . . . are likely to defeat ATF’s pistol brace rule when the merits of this case are finally heard,"
Nothing has been won yet people so don't get too excited about what for now is still just a hope.
" . . . are likely to defeat ATF’s pistol brace rule when the merits of this case are finally heard,"
" . . . are likely to defeat ATF’s pistol brace rule when the merits of this case are finally heard,"
Nothing has been won yet people so don't get too excited about what for now is still just a hope.
Anything is possible but I think Biden’s ATF will force the Court’s hand. Considering the Court’s position on not letting agencies determine “law” and how this “rule” does not follow the APA, the Court would take it If it goes that far.But will the Court even consider the case?
Sadly, since we don’t live in Texas, Mississippi, or Alabama, this really doesn’t matter too much unless the Supreme Court rules on it or our district does.
I'm a little doubtful they will. This would seriously strip power from the feds and the Scrotus seems to shy away from biting the hand that feeds them.
I hate to let a good thread die. Whats happening with the brace rule?
It’s a bit confusing, but essentially, the Fifth Circuit issued a preliminary injunction at the beginning of August, to run for 60 days, protecting the plaintiffs (SAF and GOA, basically) and their members from ATF enforcement of the arm brace rule (not law!) Then the Fifth Circuit said the ATF had violated the APA, and remanded the case (Mock v. Garland) back to the district court judge to reconsider the motion for a preliminary injunction against the ATF, presumably to be effective for the duration of the case. The Fifth Circuit also noted that preventing the ATF from enforcing the rule against some, but not all, of the US population that owns arm braces could create a very confusing situation (hint: make the preliminary injunction effective for all arm brace owners, not just members of the plaintiff groups.) So the case is back at the district court level, while both parties prepare for the next round of arguments before the original district judge. The prevailing sentiment is that the plaintiffs have a compelling argument, so the district judge will be under pressure to rule accordingly. Now we wait and see what happens there.
If I got any of that wrong, please feel free to correct me.
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