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FPC Requests Nationwide Application of Pistol Brace Injunction, Sends Warning to ATF

Video Highlights

  • FPC officially requests an extension of the injunction on pistol brace regulations.
  • The request includes all Americans and aims for a nationwide injunction.
  • FPC argues that brace pistols are constitutionally protected and challenges ATF's authority.
  • The case is set for argument before the fifth circuit on June 29th.

Video Summary

In a recent development that has caught the attention of the firearm community, the Firearm Policy Coalition (FPC) has made a significant move by asking the judge to extend the existing injunction on pistol braces to all Americans, rather than limiting it to FPC members. This request for a nationwide injunction has the potential to shape the future of firearm regulations in the United States.

The FPC's press release, which can be accessed through their website, emphasizes the importance of this move and its implications. By requesting a nationwide injunction, the FPC aims to ensure that peaceable individuals across the country are protected from the enforcement of the ATF's pistol brace rule, which they believe to be unlawful and unconstitutional.

The FPC's argument centers around the classification of braced pistols and the historical context of arms regulation. They contend that braced pistols should be considered protected bearable arms and that the ATF has failed to meet its burden of demonstrating that historical precedent allows for NFA-like regulation of brace pistols or short-barreled rifles (SBRs).

The filing of the reply brief with the fifth circuit's court of appeals in the case of Mock v. Garland is a crucial step towards achieving the FPC's goal. This brief, which was submitted less than a month after the court clarified that the injunction against the rule covers FPC members, serves as the final filling before oral arguments. It lays out the FPC's position and asserts that the appellants are likely to win on the merits of their case.

The case is scheduled for argument before the fifth circuit on June 29th, and the FPC, along with the FPC Action Foundation (FPCAF), has explicitly requested an injunction that will extend to all individuals, not just the plaintiffs and their members and customers. By doing so, they argue that the public has no interest in the unlawful enforcement of the ATF's rule and the accompanying irreparable harms.

Cody J. Wisnitski, the FPCF's senior attorney for constitutional litigation and FPC's council in this case, expressed the organization's intent to preserve the status quo while making their full case to the court. This translates to ensuring that all individuals can keep their pistol braces, maintaining the current state of affairs until the court reaches a final decision.

The outcome of this request for a nationwide injunction has the potential to bring about significant changes in the firearm landscape. Should the fifth circuit grant the injunction, it would mark a substantial victory for gun owners and enthusiasts across the country. The implications extend far beyond FPC members, impacting every American who possesses or intends to acquire a braced pistol.

The firearm community eagerly awaits the court's decision on the matter. The potential consequences for the ATF and its enforcement of the pistol brace rule raise questions about the future of gun regulations and the protection of Second Amendment rights.

As this legal battle unfolds, it is crucial for those interested in the issue to stay informed and engaged. The FPC's request for a nationwide injunction represents a critical moment in the ongoing dialogue surrounding firearms and their classification. The court's ruling will undoubtedly have lasting implications for gun owners, the ATF, and the broader discussion on constitutional rights.