banshee 9mm pistol
AR platform pistol with a pistol stabilizing brace
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The battle over the Department of Justice’s (DOJ) rule redefining braced pistols as “short-barreled rifles” placing them under the National Firearms Act continues in the Fifth Circuit Court of Appeals.

Most recently, the Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed a response brief late last week with the circuit court in the case Mock v. Garland, which challenges the constitutionality of the pistol brace rule.

“As noted, there is no harm to ATF from pausing enforcement of the Rule and maintaining the status quo,” the brief states. “The Rule claims to ‘enhance public safety,’ yet ATF pointed to only two braced pistols (out of millions) that have been criminally misused. Even then, there is no evidence that those crimes could not have been committed using a different firearm. Instead, the public interest is served when the law is followed…”

The brief goes on to point out that the district court had already found the rule to be unconstitutional.

“In sum, the district court correctly evaluated the irreparable-harm, balance-of-harms and public-interest factors, which all weighed strongly in Plaintiffs’ favor,” the brief argues. “The Court should affirm the district court’s preliminary injunction ruling, and enter a universal injunction that prevents the Agencies from enforcing the Final Rule.”

Cody J. Wisniewski, FPCAF’s president and chief executive officer, as well as counsel for plaintiffs in the case, faulted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for continuing with the case.

“ATF is yet again defending its failed gun control agenda before the Fifth Circuit–this time attempting to erase the injunction we have already secured against its unlawful and unconstitutional Pistol Brace Rule,” Wisniewski said. “In this brief, we address exactly why the Fifth Circuit should again rule against ATF and continue preventing the agency from enforcing the Pistol Brace Rule. In fact, we argue the Circuit should completely prevent enforcement of the Rule against any and all individuals and entities until this case comes to a final resolution.”

Last October, the United States District Court for the Northern District of Texas in Fort Worth ruled in favor of the plaintiffs in the case and granted their motion for preliminary injunction.

“The Court finds that Maxim Defense and other commercial FPC members face substantial threats of irreparable harm absent injunctive relief,” that ruling stated. “Namely, they are threatened with: (i) permanent and nonrecoverable costs of compliance with an unlawfully issued regulation; and (ii) substantial financial injury leading to permanent closure of businesses. The Court finds that these irreparable injuries flow from the threat of enforcement of the Final Rule and are ongoing, vulnerable to intense exacerbation, and interdependent with a vast commercial supply-chain network.”

Plaintiffs in the case include FPC, two individual FPC members and Maxim Defense, a firearms development company.

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  1. I still want to know what’s going to happen with the maybe-SBR’s that got their “free” tax stamp. Zombie SBR’s? The feds just gonna memory-hole the entire circus? Time and tax dollars well spent tilting at windmills.

  2. Strange to anyone else the NRA hasn’t said a peep or shared funding for this legal battle? Maybe their near half billion dollar budget is too small to enter this fight.

    • Not strange, the NRA is fighting for it’s life due to gross (criminal?) mismanagement by the leadership.
      Getting rid of WLP was a necessary first step, but the entire board and leadership should go, IMO. Start fresh with new protections & structures in place. Every organization tends to corruption over time, but you can fight it.

    • Why is it that some so-called progun people just cannot understand the phrase ” a nation divided (progun) can not stand. Oh and besides, how long have you been a member of the NRA? Myself, over 50 years. There is another old saying, “It is better to keep your mouth shut and have people wonder if you are a ….fill in the blank) and open it and prove you are.

      Stop the in fighting, what is strange, how many times has the NRA made any comment about another progun organization? Ley me help you, zero. When there is a gun misuse, who gets blamed NRA

  3. I bet Clyde Barrows sawed off BAR was loud.
    Pistol braces?
    I dont know what’s the big deal other then gangsters liking them for Drive by Shutings.
    I’ve never really figured out how depriving law abiding citizens from the same firearmns that the gangsters use is of any benefit to society.
    – 35 to life for the murder charge if we can make it stick or take the plea deal for procession of illegal weapons and do 10 years.-
    Or how about, the hard working class hero who gets pulled over for speeding because he is 5 minutes late for work and just happens to have a gunm for his protection in his veehickle that is not on the approved list so the Gestapo haul him off to prison and lock him up with the very people he was protecting himself from.
    Big win there.
    Criminals all.
    Innocence is gained through adherence to ‘The Party’


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