SB Tactical FS1913 Brace on Black Collar Arms Pork Sword Pistol
Jeremy S. for TTAG: Black Collar Arms Pork Sword Pistol with SB Tactical FS1913A Brace
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Three gun rights organizations sued the ATF over its about face decision to regulate pistol braces. After years of treating them like just another firearm accessory, the Biden administration (read: Susan Rice) commanded the regulatory agency to re-think its stance and treat AR, AK, and other pistols with braces as short-barrel rifles.

When the ATF’s new rule went into effect, the Second Amendment Foundation, Firearms Policy Coalition, and Gun Owners of America sued to block the sudden change that made felons out of millions of Americans who legally bought braces. Injunctions were then issued blocking ATF enforcement for the members of those three organizations.

The NRA apparently felt left out. They wanted their four million or so members to have the same protection against enforcement while the matter is decided, so they petitioned the court that’s hearing the SAF suit to join as an additional plaintiff.

Yesterday, however, Judge Jayne J. Boyle denied their motion.

For intervention as of right, the NRA’s motion fails on two independent grounds. First, the Court finds the NRA’s application for intervention is not timely. Second, the Court finds the NRA’s interests are adequately represented by the current Plaintiffs.

The judge wasn’t buying the NRA’s claim that they were somehow surprised by the injunction she issued that protected the named plaintiffs including SAF members.

The NRA contends that it only became aware of its interest in this case after the Fifth Circuit and this Court issued preliminary injunctions limited to the plaintiffs in the respective cases. … But that argument ignores both the particulars of this case and the rarity of nationwide injunctions. In essence, the NRA argues it was caught off guard when the Court failed to issue an extraordinary remedy that Plaintiffs never asked for.

And then there’s this . . .

On those facts alone, it is hard to conclude that the NRA’s Motion to Intervene is timely. But the unusual circumstances of this case further militate against such a finding. Specifically, despite knowing of the Rule and Plaintiffs’ limited injunction request, the NRA only sought to intervene once this Court granted Plaintiffs’ motion for preliminary injunction pending the Fifth Circuit appeal in Mock. To find intervention timely under these circumstances would seemingly incentivize “injunction shopping” among putative intervenors seeking to challenge agency actions. Under such a standard, intervenors would be wise to wait and watch as cases challenging agency actions percolated through the district courts.

In short, Judge Boyle told the NRA to buzz off.

The Second Amendment Foundation, not being ones to let grass grow under their feet, saw the denial as an opportunity and extended an invitation to NRA members to also become members of SAF…for all the obvious reasons. They’ve issued this announcement . . .

The federal judge presiding over a Second Amendment Foundation challenge to the Biden administration’s new arm brace rule has denied a request by the National Rifle Association to intervene in an effort to get the same protections for its members as SAF members have been granted. 

However, the order denying NRA’s intervention does not mean NRA members are out of luck, said SAF founder and Executive Vice President Alan M. Gottlieb. They can join SAF and be covered under the judge’s ruling issued last month. The case is known as SAF, v. ATF, et. al.

“While we’re certain NRA members are disappointed,” Gottlieb said, “by joining SAF they can get the protection of the judge’s ruling.” 

SAF offers several different tiers of memberships, available at Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon date of receipt. For questions regarding membership, please contact [email protected].

In her ruling, U.S. District Judge Jane J. Boyle wrote, “For intervention as of right, the NRA’s motion fails on two independent grounds. First, the Court finds the NRA’s application for intervention is not timely. Second, the Court finds the NRA’s interests are adequately represented by the current Plaintiffs…In sum, the NRA knew of the Rule more than a year before it moved to intervene, and the NRA had no basis to assume a nationwide injunction would be issued in this case. Moreover, allowing an intervention under these circumstances risks incentivizing opportunistic “injunction shopping” under the auspices of “timely” interventions to protect a threatened interest. The NRA’s Motion is not timely.”

SAF is joined in the case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas.

“We will definitely welcome any NRA members wanting to join SAF,” said Executive Director Adam Kraut.

So if you’re an NRA member who owns a pistol brace, joining SAF seems like the obvious move. There’s nothing that prevents you from being a member of both gun rights orgs and a SAF membership will protect you from the ATF, at least until the case is finally resolved. What are you waiting for?

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  1. Judge Boyle said it all:

    “For intervention as of right, the NRA’s motion fails on two independent grounds. First, the Court finds the NRA’s application for intervention is not timely.”

    Ohhhh, slapped. Not timely? Typical NRA fail.

    “Second, the Court finds the NRA’s interests are adequately represented by the current Plaintiffs.”

    And b!tch slapped. Adequately represented by current plaintiffs? Hey, NRA, what’s the opposite of “adequate”?

  2. The NRA’s action was similar to a person trying to jump into a boxcar while the train is in motion.

    • “…was similar to a person trying to jump into a boxcar while the train is in motion.”

      If only it was fascists and gun-grabbers jumping into a boxcar on the way to Auschwitz in the 1940s… 🙂

    • More like mingling with ticket holders to get into a theater without paying. Slime balls.

    • He was correct in what he did. No where is the federal government (and that covers any federal agency including the FBI and ATF) given authority to “conduct random ‘audits’ of sheriff’s offices’ concealed carry weapons (CCW) records” or any record of any type held by a sheriffs office or state or county or city. If they want them they need to have a warrant. In fact the Fourth Amendment forbids it with…

      “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

      Just another example of the federal government trying to seize control over constitutional rights – not only the second amendment, but the first and fourth amendments also. Once the government can seize control over the second, they can set precedence to be able to apply what they want to do to all of the rights for any one for anything simply because they don’t like it.

      • the federal government created this random audit thing their selves by their own interpretation of their authority to ‘regulate’ (and in most cases that authority to ‘regulate’ is very constitutionally shaky to begin with).

        Kinda like Joe Biden is doing today, creating his own authority with executive orders to usurp congress and basically make law himself. The act of a tyrant.

  3. Waist of money,,, the graft of the NRA is well know, bet they figured they could milk tens of millions with some flashy promos & adverts. Then flash some cash under the noses of politicians that also don’t give a rats …

  4. A membership drive drive based on every man for himself…Boils down to…Yippee, I’ve got my membership condom to protect me from getting an atf std.

    I guess all for one and one for all is the intellectual property of the Three Musketeers? And no one gets left behind doesn’t mean what it says. As far as I am concerned such organizations are prone to make deals with the devil…Sad to see it was not All Americans or None…judge.

    • you’re famous on this forums for your diatribes. got it, you feel any organization other then NRA is a waste of time and money and gun control is racist.

      There are great things that NRA brings to the table. Eddie eagle, gold standard internationally recognized instructor programs, etc. However, just because you don’t like the Judges decision to not allow NRA to ride SAFs coat tails doesn’t mean the judge is wrong. A nation-wide injunction by the court would be great to be sure, but having NRA as plaintiffs still wouldn’t achieve that.

      Be happy that the courts are, in general, ruling in our favor. We (the people) ultimately have President Trump to thank for that.

      • It’s the same way a literal Fascist thinks – If you don’t agree with EVERYTHING a Fascist thinks, YOU are the enemy.

        Everybody, goose-step along to little ‘debbie’, or she will cancel you! 🙁

        • Deb, the big picture here is that the only suits that the NRA is interested in are the ones that the dwindling membership are providing for Wayne. Like the debutante that turned down all of the suitors for the King’s Ball, they’re now going to have to stoop to hooking up with the dairy farmer up the lane for an escort to the dance, and the farmer said nope.

    • Maybe buying new suits for Wayne, or negotiating our rights away with the anti-2A side. Whatever they were doing it certainly wasn’t standing up for the Second Amendment.

      • “Pay SAF $$, get to keep your brace, everybody else’s rights are toast” ain’t “standing up for the 2nd”.

        Judgie-poo has saf working for the grabbers here.

        As I suspect you are keenly aware.

    • Exactly my point. Where was the NRA when SAF and the others were actually fighting on our behalf? That’s why I bought memberships/made donations to most all of the ones NOT named Negotiating Rights Away.

      Any NRA member who doesn’t like it needs to take up the fight directly with the NRA. I’m not a member. If the NRA starts to perform its duty, then I’ll sign up. Until then, why should I waste my money?

      Besides, I like nice suits too. The diff between WLP and me is that I pay for my own suits. The other difference is that WLP looks like an aging woman, but maybe I shouldn’t judge.

      • NRA sucks. I became a life member years ago to shoot at an outdoor range that requires everyone to be an NRA member. All they do is call way too often and send me shitloads of junk mail asking for more money.

        Even their magazine sucks.

  5. The West Virginia Citizens Defense League (WVCDL) as I recall was the principle group to begin the lobbying process of allowing concealed weapons clear through Constitutional Carry. I had to remain aloof due to employment, where I was forbidden from unapproved political or lobbying activity, but followed the process quietly. The comment that I did hear from WVCDL was that the NRA generally held off until the hard work was done and only then showed up to take credit for as much as possible and then some. I imagine ‘ole Wayne already had his fund raising campaign planned. I guess this Judge was not fooled either.

    • “The comment that I did hear from WVCDL was that the NRA generally held off until the hard work was done and only then showed up to take credit for as much as possible and then some.”

      If memory serves, that’s what happened in ‘Heller v. DC’… 🙁

      • Yeeeep.

        The NRA’s role in the recent progress with regards to rolling back infringements of the 2nd Amendment can be politely described as “Trying to get in front of the parade”.

        Wayne needs to go.

      • The sooner the NRA folds up shop and quits Negotiating our Rights Away the better it will be for all of us.

        Long live the GOA, the FPC, the SAF and all the other true.2A activist organizations.

        • “Long live the GOA, the FPC, the SAF and all the other true.2A activist organizations.”

          Yep! The NRA should be the first in these lawsuits as they probably have more money than the other’s. But they are nowhere to be found until one of the other’s has done the hard work. Like barnacles hitching a ride.

    • The always peerless Babylon Bee, a news outlet certified by USG as a legitimate journalistic source?

      “How”, you might ask?

      Last year, government, and government supported news sources began fact-checking satiricle claims published by the Babylon Bee.

      • Without a trace of irony the Babylon Bee gave out more accurate pandemic related information than anything NY did for the first 2 years.

        • “Without a trace of irony the Babylon Bee gave out more accurate pandemic related information than anything NY did for the first 2 years.”

          A case of art becoming reality.

    • “40 cal Booger
      July 1, 2023 At 18:19
      Democrats Devastated As Supreme Court Bans Robbing The Poor“

      Somebody needs to retune this bot’s programming, it is using source material from a fake news satirical site.

      There’s no way an actual human with a Neuro typical brain could possibly think the Babylon bee was an actual news source.

      Well, maybe if all they ever watched was Fox, OAN, Newsmax, etc.

  6. The NRA is a useless as neutered pup these days. The organization is all about making political deals that adds to the pockets of the executives…rather than standing up for the Constitutional right of its members.

  7. So, being a member of SAF allows me to keep braces on a gun? Am I reading that right?

  8. Eh I don’t know… while the saf and others are really at the forefront of the 2a fight, I still like that the nra is the boogeyman for leftists. I hope they will regain their former glory one day and not just collapse as all the fudds eventually pass away and they can no longer convince good Americans to donate their estates when they pass away.

    The based gun folks know their grift and it won’t be forgotten till they finally clean house. Until then…. I hope they can stay afloat if not for their name and history alone.

  9. Big prediction, if NRA was allowed and when the defendants won, the NRA would “TAKE CREDIT” for the victory!!!

    Which is their “NORMAL OPERATIONS”!!!

    Only reason the NRA even attempted it cause enough of their rank and file, finally made enough “NOISE” to scare “WAYNE THE TRAITOR”!!!!

    Why wasn’t the NRA on these cases from day one???

    Tells the NRA leadership is all in on “SENSIBLE GUN CONTROL”!!!

  10. In case ya missed it > Supreme Court Strikes Down Biden’s Student Loan Forgiveness >

    The court ruled unanimously in favor of the Biden Administration in the borrowers’ lawsuit, finding they lacked standing to bring the case, but sided 6-3 with the GOP states—with the court’s three liberal justices dissenting—meaning the Biden’s Student Loan Forgiveness program/policy has been struck down (and is unconstitutional).

    Basically; Before Biden came into office the Education Department issued a decision that it did not have the legal authority to forgive student debt (student loans, U.S. tax payer money loaned to these people). After Biden came into office suddenly the Education Department issued a decision that was directly opposite its previous decision shortly before Biden came into office and suddenly they said they had the legal authority to forgive student debt, by following the orders of Joe Biden.

    Basically; Seizing upon the words ‘‘waive or modify’’ in the statute the Education Department decided they had the authority to ‘reinterpret’ the meaning of ‘waive or modify’’ and used their reinterpretation to basically re-write the statute to give them more power and thus be able to cancel student debt principal to the tune of $430 Billion dollars. With his new found self-granted power by once again usurping Congress and, basically, writing law himself through the Education Department Joe Biden with the stroke of a pen, basically, Joe Biden tried to steal $430 Billion dollars owed to the U.S. tax payers by forgiving this student debt.

    Another sad thing with this is that Congress didn’t even realize their power had been usurped by Joe Biden because Congress approved (partially) Biden’s loan forgiveness plan by approving that divorced couples could separate their consolidated federal student loan debt, potentially making some of them eligible for Joe Biden’s student loan forgiveness program.

    The Babylon Bee had a humorous slant on the student loan forgiveness thing that although intended and written as comedy its actually the truth in meaning >

    Anyway,if this sounds familiar its because it is. The ATF brace rule for example, braces were ok to use then Joe Biden had them say it wasn’t ok and all those pistols that were not SBR suddenly became SBR’s and millions of law abiding people were turned into criminal felons overnight. In doing this the ATF decided it had the authority to ‘reinterpret’ the statute and basically rewrote the statute. The same thing happened with frame/receiver thing also that was recently stuck down in a federal court (e.g. AKA ‘ghost gun’ rule) ( In other words, with the stoke of a pen Joe Biden once again illegally and unconstitutionally usurped the power of Congress and, basically, legislated law.

    The same thing happened in the EPA case. With the stroke of a pen Joe Biden usurped the power of Congress and created law there too. SCOTUS ruled against the government in that case.

    Joe doesn’t seem to know what ‘separation of powers’ is. Like all tyrants Joe thinks its all his power.

    In other news, SCOTUS banned racism by striking down affirmative action, by, basically, ruling that racial discrimination in college admissions is unconstitutional. And of course the Democrats are having a fit over it because apparently the left-wing cant fight racism by being racist.

    And of course ‘The View’ has to weigh in on SCOTUS abolishing affirmative action it where Whoopie has a fit about it…

  11. Sam:
    I just checked the link and skimmed over it to get the drift. And, yes, it is satire. Nevertheless, it expresses a sentiment with which I am in total sympathy. Why should I be paying for someone else’s overpriced education?
    Isn’t it enough that I paid (with some contribution from them) for my own kids’ education? Economic jubilees are the work of socialistic tyrants.

    • “Why should I be paying for someone else’s overpriced education?”

      All seriousness aside, there is an unfairness in the concept, but there is unfairness in the collection and distribution of tax revenue: we all end up “supporting” unfairness in government operations. Is loan forgiveness any worse than all the other things you must pay for with your taxes? If Congress provides legislation granting the president the power to unilaterally (personally, or executive agency) to discharge student loans, is that any more “fair”?

      “Fairness” is a one way street,; it is how one treats other people. It is folly to think it should be returned. Law is not about “fairness”, or “justice; it is about the law, which is about politics. It was the law that stopped the loan forgiveness, not “fairness”.

      It is both good and bad that I grew up living an era where government was not involved in every facet of human existence in this country.

      • When it subsidizes either poor choices in useless degrees or people with actual jobs above median income it does have a different emotional impact in public perception (white collar welfare) but yeah there is a waste of resources all around with government redistribution but it has to stop somewhere and why not with a group more well positioned to push back.

        • “…there is a waste of resources all around with government redistribution but it has to stop somewhere and why not with a group more well positioned to push back.”

          “we the People” elect our government; “We the People” are responsible (win or lose) for who is elected. If our side wins because of our message, that is good. If our side does not win because of our message, that is the result of not successfully selling our message.

          Either way, we always end up with “We the People” being responsible.

  12. I havent been a member of the NRA for years and probably won’t be with the current entrenched cabal in power; however I might just join the SAF- seems like they fight to maintain and expand our 2nd Amendment rights…

  13. So join a new club after the judge issued an opinion and you’re still covered. BS Not if you apply her NRA “logic”.

    In a just world that POS Susan Rice would have long ago been tarred and feather/run back to Nigeria on a rail (with Obumer).

  14. And thats why I stopped supporting the NRA. They sold bump stock owners down the river and would have done the same for pistol brace owners except they saw how much money the other 2a non-profits were maiking and THEN decided to get involved. That bump stock decision WAS BOUND to be the future of government gun legislation and the NRA just let it roll right on it.

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