Minutes ago, the Fifth Circuit Court of Appeals issued a preliminary injunction (download the PDF HERE) against the DOJ’s and ATF’s unconstitutional attack on firearms equipped with a pistol stabilizing brace. The lawsuit, brought by the Firearms Policy Coalition and other plaintiffs, paid off with this temporary injunction just days before ATF’s mandatory registration “grace period” that was set to expire on the 31st.
Don’t celebrate too soon, though. Unfortunately this temporary injunction applies only to the named plaintiffs . . . “…Preliminary Injunction Pending Appeal is GRANTED as to the Plaintiffs in this case.”
It stays in effect — again, only for the named plaintiffs — until an appeal in the case is ruled on. Stay tuned, because it’s at least a first real step and a first win, even if quite limited, in the right direction since the new ATF ruling was announced.
Press release from FPC follows . . .
Today, Firearms Policy Coalition (FPC) released a statement on the Fifth Circuit’s Order granting an Injunction Pending Appeal in Mock v. Garland, FPC and FPC Action Foundation’s federal lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) recent rule reclassifying braced pistols as National Firearms Act (NFA)-regulated short-barreled rifles. The injunction, along with other case documents, can be viewed at FPCLaw.org.
FPC challenged ATF’s administrative rule that seeks to reclassify “braced pistols” as “short-barreled rifles.” In so doing, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.
FPC has argued that the rule is a violation of both the U.S. Constitution and the Administrative Procedure Act because it infringes upon the fundamental and natural rights of the People. Plaintiffs sought declaratory and injunctive relief to secure their constitutionally protected right to keep and bear arms.
Per the the Fifth Circuit’s Order, “IT IS ORDERED that the appeal is EXPEDITED to the next available Oral Argument Calendar. IT IS FURTHER ORDERED that Appellants’ Opposed Motion For a Preliminary Injunction Pending Appeal is GRANTED as to the Plaintiffs in this case.”
FPC intends to seek clarification as to who is covered under the scope of the injunction.
“We are very excited and encouraged by the Fifth Circuit’s decision this morning,” said Cody J. Wisniewski, Senior Attorney for Constitutional Litigation at FPC Action Foundation. “We intend to ask the Court for additional information about who is covered under the injunction, but cannot stress enough just how important this decision is. The fight is far from over, but this is a huge victory in the battle against the ATF’s unconstitutional and unlawful brace rule!”