pistol brace
(Foghorn for TTAG)
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Last night, Fifth District Court Judge Drew Tipton issued an injunction blocking the ATF’s enforcement of its pistol brace rule that goes into effect today. As with an earlier Fifth Circuit ruling in Mock v. Garland blocking enforcement against Firearms Policy Coalition members, Judge Tipton’s order in Texas v. ATF applies to the named plaintiffs in the lawsuit. In this case, that includes all employees of the state of Texas and current members of Gun Owners of America.

GOA’s Erich Pratt said . . .

This assault on millions of Americans was just the latest example of President Biden trying to weaponize the DOJ against law-abiding gun owners, and we doubt it will be the last. We are incredibly grateful to Judge Tipton for hearing the pleas of our members who were facing serious prosecution simply for owning a piece of plastic – all because of an arbitrary reclassification by the ATF. GOA and our millions of members nationwide will continue to fight back against this rogue anti-gun administration at every turn in defense of our rights.

Tipton’s order followed another injunction issued yesterday in the case of SAF v. ATF. A clarification issued at the request of the Second Amendment Foundation means that all members of the Second Amendment Foundation are covered under that order blocking ATF enforcement.

Here’s a statement from SAF . . .

A federal judge has clarified the scope of an injunction in a Second Amendment Foundation challenge to the Biden administration’s new “Arm Brace Rule.” The case is known as SAF, et.al. v. ATF, et. al.

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.

In her prior order granting the preliminary injunction, U.S. District Judge Jane J. Boyle wrote, “The Court grants in part the Motion and issues a preliminary injunction as to Plaintiffs in this case only,” leaving a question as to whether the injunction applied to members of SAF. Late yesterday, SAF filed a motion to clarify the scope of the injunction. Today, Judge Boyle clarified the prior order with a new order and in a docket entry which stated, “The Court confirms that its Preliminary Injunction Order applies to both the Second Amendment Foundation, Inc. and its members.”

“SAF has received numerous inquiries from individuals as to whether the injunction covered our members,” said SAF Executive Director Adam Kraut. “Our attorney had attempted to reach an understanding with the government as to the scope of the injunction and coverage of our members. When it became apparent that the parties were not seeing eye to eye on the matter, despite the 5th Circuit’s clarification in another case on this exact point, we asked the court for clarification. We are pleased to see that Judge Boyle agrees with our interpretation and that our members are indeed protected under this injunction.”

SAF offers several different tiers of memberships which are available at https://www.saf.org/join-saf/. 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].

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71 COMMENTS

      • Bespoke tailoring deserves appropriate care and maintenance. Hourly wage earning NRA members would not understand such matters.

        BTW, are you interested in upping your membership to Benefactor level with the new monthly payments program?

    • NRA is diligently searching for a gold plated retirement home for Wayne after all all that work siphoning money from members and giving away gun rights while hanging out with politicians and hobnobbing with movers and shakers is so tiring and difficult. Besides, there’s still money to scam from the few Fudds that will buy a membership upgrade.

    • So you need card carrying membership to have rights? Glad I am privileged enough to be a card(s) carrying member! As they say, freedom isn’t free. It’s the price of a membership fee.

      • Just call me “stupid.” Or a “FUDD.” Or both — whatever.
        NRA member for the past 20 years; took my first shooting course in 1986 from an NRA instructor.

        • I wouldn’t brag about that around anyone who was thrown to the wolves by their nonsense in 1986–lots of bad blood to go around, since they’re supporters of every bill to undermine the 2nd Amendment dating clear back to 1934…

      • SAF didn’t send me a card, but they did send me a belt buckle. It is unclear if the government will accept that as proof of membership, tho.

      • I’m an NRA Endowment member. I’m really not happy with the politics of LaPew and not another dime until he is gone. However the NRA-ILA has been doing good work as far as what I’ve read.

        • “However the NRA-ILA has been doing good work as far as what I’ve read.”

          So…..

          NRA-ILA is the lawyer side. The world probably doesn’t know, or doesn’t discern the diff between ILA and NRA. Regardless, why is NRA-ILA not the lead plaintiff in every law suit filed by GOA, SAF, FPC, and others? Why is “NRA” not the premier antagonist, the big name that can get headlines, and be the alleged 800lb gorilla?

          Why is NRA-ILA not taking any public credit for gains by GOA, SAF, FPC? Is the thinking that “NRA” will somehow “lead from behind”, and 2A supporters will somehow credit NRA-ILA with the victories?

        • They’re too busy stealing from members to accomplish anything…

          Meanwhile, they take credit for the work done at the state level by actual grassroots groups

          Sending money to NRA is like sending it to the DNC

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  1. Posted earlier in other article comments on this.

    This, currently, doesn’t look good for Da Biden ATF.

    The thought that a government agency like the ATF can bypass congress and act as a ‘legislature’ to create law to turn millions of law abiding people into felons with the stroke of a pen – and not to forget that Everytown basically, in effect, ‘wrote’ this unconstitutional ‘law’ and tyranny by their back door meetings and lobby and ‘consultation’ efforts with Biden and the ATF – serves to show how far our government is compromised and how far it has strayed from the constitution.

    Our government is no longer that of “We the people…” or that of Abraham Lincoln when he put forth that in different words of “that government of the people, by the people, for the people, shall not perish from the earth”. Our government has devolved into tyranny as its means of governing – thanks to the ‘left-wing ideals’ who in the context of history overall in any country in the world has always either tried or succeeded in devolving a country into tyranny.

  2. Brace for more Gun Control from Jim Crow Gun Control democRat joe…no pun intended.

  3. Let the dances begin.

    Now the appeal of the injunctions to the full circuit court, then the appeal to the SC, then the GVR to the 5th, then the hearing at the 5th, then the full circuit, then back to the SC, then the appeals of the appeals, then back to the SC. Then the clarifications, and the appeals of the clarification, then the appeal of the clarification.

    When you are dealing with a govt agency, it is like trying to deal with a strong willed child. As long at you are talking, they are not doing what you want; winning.

  4. Had an interesting conversation this morning with an out of state left-wing liberal couple (to which I will refer to as ‘the couple’).

    Had stopped for coffee and breakfast, I was open carrying this early morning trip to the range. Sat down and ordered and the couple almost immediately ‘objected’ by loudly calling for a conversation with the manager about a ‘man with a gun’.

    After patiently listening to their complaints, Manager told them; he was not going to make me leave, no he is not going to call the police but they are free to do so if they wished, there were no laws being broken, there was no one being harmed, its a constitutional carry state and its a constitutional right and legally permitted, and even gave them them their meal on the house.

    Other than looking their way a little briefly because their side of the conversation was loud enough to be heard all over the small place, I paid them no attention and went about eating my breakfast and conversing with the guy (also on the way to the range) in the adjacent booth. No one else was bothered or paid them any attention after that either.

    After a few menacing looks from her (I’m told by the guy in the booth I’m conversing with who is situated in such a manner as to be facing their way), the couple guy turns around and says “you are making us uncomfortable, will you please leave us alone.”. Its at this point I turned towards them and asked “huh? I’m not bothering you, I’ve done nothing to you and have not even spoken to you until now.” and asked “it makes you uncomfortable that I eat my breakfast? That bothers you?”

    The guy says “NO! its the gun.”

    I said “Your cell phone is making me uncomfortable, please leave now.”

    And low an behold the guy says “I have a first amendment right to have a cell phone. You don’t have a constitutional right to have a weapon of war.” (I was open carrying my Glock 22, the AR was in the car out of sight.)

    At that point it got quiet in the place for a few minutes. And then we proceeded to have a discussion that lasted about an hour.

    First up was the old typical left wing talking point about, basically, ‘arms’ means flint lock and muskets of the colonial period which me and a few others debunked by pointing out the links to the writings of the founders and history that they meant ‘arms’ and not just flintlocks and muskets and also they were aware of advances in technology then and would take place and even wanted ‘semi-auto and auto fire’ firearms (in type function) that today (in function) are as they had tried to have back then but were limited by technology of the times. The couple response “We didn’t know that.”

    Next up was another series of the typical left wing talking points, each one we debunked especially the one about the AR-15 being created as a military weapon of war only rifle (by a series of links to, lets say and call it, less public sources that are repositories of Armalite documentation which shows the AR-15 was originally created as a semi-auto civilian rifle only).

    Then the ‘training and permit’ left wing dodge came up. I asked them if they had a state mandated and required training certificate and permit to exercise their first amendment right to carry a cell phone (remember, the couple guy had previously claimed he had a first amendment right to have a cell phone). Of course the couple guy says “I don’t need one, its a constitutional right.” Ya can almost hear the couple guy brain screeching to a halt here as he realizes what he just said. (these people were soooooo misinformed ya kinda had to feel sorry for them at how they had been misled)

    Anyway, ended up going over a lot of things. Went over a lot of things. The couple was, lets say, overwhelmed with all they did not know. They are going to be in the area for a few days, have a range date with them tomorrow for their intro to firearms.

      • Don’t think so, they went out shopping for guns after discussing it some between them selves. I pointed them to a good friend at an LGS to treat them right and he called to tell me they purchased a Glock 19 and inquired about a SIG M400-SDI he has on clearance sale and asked him if he would hold it till tomorrow so they could talk about it. He gave them a good discount too.

        But, we are to meet up at the same place and have breakfast there before going to the range. So if they don’t show i’ll let you know.

        • .40…The Discrimination you experienced is by no means nothing new. Not so long ago such attribute Discrimination came with being born Black.

          You did not fit the mold in the eyes of what is a Gun Controlled Public. That happens and continues to happen because Gun Owners failed to Define Gun Control according to its History of Rot. That left the media free to Define Gun Control as something great and garner support for Gun Control…you tasted that failure.

          Had Gun Owners defined Gun Control by its Roots in Racism and Genocide for spoon fed America the busy bodies you encountered would have said nothing more than the absolute zero they would have said to a diner who was Black.

          Frankly it is rare for people stuck on stupid to do an about face on what was Gun Control thinking especially when the story sounds like they know more about you than you do about them.

        • they can take the gun back of they change their mind. if it has not been fired they will get their full price paid for it, if fired its used and will get a used price. but if they show up tomorrow and have changed their mind if they fire or not i’ll buy it from them at the price they paid and they lost nothing.

        • And furthermore…A Glock is the worst firearm you can put in the hands of what is sure to be below rank amateur imbeciles who just had a cow over open carry.

        • Well done, .40, and a good story that was interesting to the end of it, and not TL;DR. We all appreciate your patience with ‘The Couple’. Well…almost all of us…then there’s Debbie…

          Debbie, a GLOCK is an excellent gun with which to introduce newbies to POTG. After all, ‘The Couple’ would need to first overcome their fears and misconceptions about firing a gun, and a simple platform would be best for a first trip to the range. Then, after they overcome those fears and realize both the reality of the shooting experience and their own inner strengths (and rights) as individuals, they can expand to try other platforms such as revolvers or hammer-fired 1911s with the extra controls. Mrs Haz prefers the simplicity of a GLOCK, while I have striker, hammer, and revolver models. TEHO.

          But I’m surprised at you, Deb. You hate on GLOCKs, yet most of them are black. Isn’t that rayciss? 🙂

        • during our discussion one of the things that came up was they were told that ‘lax’ gun laws in our state allowed anyone to go into a gun store and legally buy a gun with no background check.

          I assured them this was not true, that there was no gun store in the country where one can legally buy a gun without a background check and that check was conducted by the US government and there was no such ‘lax’ gun law here that permitted such a legal sale at a gun store here that did not include a background check. told them they could verify that their self.

          Even though I told them I would supply the guns for the range trip, they decided to check out the background thing theirselves. so I directed them to a friend at an LGS so they could do that and ended up buying a gun to verify it.

        • I hope they do show up.

          But — does your state not have a waiting period between purchase and delivery of a handgun? We do in FL — unless you have a CWP.

        • CA’s 10-day waiting period has no exemptions, not even for law enforcement. A friend who is dual-sworn at both the County and Federal levels was at our favorite LGS when I entered to pick up my own gun (purchased as a requisite to get my CCW). He was in the process of buying a new one for himself, and had to go through all the 4473 and CA mandates, including the waiting period. This, despite the fact that both the County and the Federal Governments already consider him their agent, and he had a registered gun on him at the very time he was undergoing the BGC. Both he and the LGS employee shook their heads at the stupidity of it all, but hey…nobody said the anti-2A Dems in charge here are smart.

        • @Man With No Name

          “But — does your state not have a waiting period between purchase and delivery of a handgun? We do in FL — unless you have a CWP.”

          nope, we don’t have a waiting period. You can legally buy and walk out with it.

        • Haz is right, Deborah.

          You sure seem to hate Black guns, are you a secret racist? 🙂

        • So they actually showed up for breakfast this morning, with their new Glock 19. Will be departing for the range in about an hour after they take care of some local business which is the reason they are in the area to begin with.

      • This sure has been a good membership drive for FPC, SAF and GOA, hopefully they use their new war chests wisely and keep fighting.

    • Good job Booger. Most of us would have told them what to go do with themselves, but you meaningfully engaged, leading to them to finally become educated about the subject. Brainwashing is a hell of a thing, and not easily shaken.

    • Good job .40 cal! Years ago, I had a vaguely similar experience with a Canadian family. The level of ignorance and bias on display was astounding. At one point the old guy in the family figured he could nail me by asking why I thought I had the right to kill anyone who was trying to steal my parked car. I explained the US legal concept of reacting to a deadly threat with deadly force. And no, neither I nor anyone else has the “right” to kill a thief trying to steal anyone’s parked car. My experience was neither as intense nor as public as your situation, but I do hope a Canadian family became a little less antagonistic to the concept of an armed citizenry.

    • “And low an behold the guy says “I have a first amendment right to have a cell phone. You don’t have a constitutional right to have a weapon of war.””

      The very first ‘weapon of war’ was rock held in the hand.

      Anyways, good job. I would have pointed out that no one could have imagined back then the technology of a cell phone, and if he felt guns can only be flintlocks, then a free press means only a printing press powered by a human arm…

    • Well done. “A gentle answer turns away wrath, but a harsh word stirs up anger.” Begin with civility. Unless of course, it’s one of the Three Stooges, in which case a triple slap may be more appropriate.

    • OK, had the range trip. Turned out great!

      We arrived at the range, they didn’t have any shooting gear like hearing protection and glasses but I had bought some along for them. They had gone out and purchased a Glock 19 (see further back up in comments), but I had guns for them to use anyway if they wanted to try out a few different things.

      Now the surprise for them, caught them completely off guard. We had briefly touched on ‘training’ in our previous discussion. This was Friday and on Fridays and Saturday’s at the range the owner is there if not off on a contract job and he was there this day (a retired Navy seal, and certified contract firearms instructor that teaches law enforcement and government and private security), along with a few other well qualified ex and current military, supply two classes for free. On Fridays the class is a beginners intro to legalities and handling and firing class (runs four hours – the second part of this class is also four hours but is on Saturday and they would not be available Saturday, you take the first and second part if you are going to get a permit except in the second part the firing is moved to that day if you are on the permit track), and the other is a more advanced but basic class focused on basic home defense considerations that runs 8 hours. There are other classes they teach also, more advanced, a tactical defensive gun use class for example, but these are longer and multi day and run during the week twice a month. But for today, it was the beginners class for our left-wing liberal anti-gun friends.

      They had been led to believe there was no real firearms training for gun owners. The surprise was, there is. They were downright shocked to discover there was actually organized, formal type, firearms training being taught by well qualified and experienced people at the range. So they went to ‘school’ and got some basics.

      But today was Friday, and on Fridays our resident ex-rabid-anti-gun and ex-gun-control-group-shannon-watts-helper is at the range running drills and practicing and stopping in to speak with the beginners class’s. I’ve related her story before so I will not go into how she came to realize her past rabid-anti-gun stance was a sham and lie. They got to meet her and she told them her story.

      So after the class was over, and they had fired their first gun during the class, we spent more time on the range. It was a good day. They fired their new Glock 19, and some of the pistols I bought, did pretty good too and after a bit more practice were ringing 8 inch steel plates at 15 yards like they had been doing it all their life. Then I bought out the AR’s and started instructing them on rifle.

      While I was showing them the rifle and going over some things I pointed out the ‘safe/fire’ selector and she asked “When you put it on fire it keeps firing until you let go of the trigger, right?” I asked what she meant, already having an idea, and she said “Its a full automatic, right?” They thought every civilian AR-15 was a full auto firearm – I laughed a little and explained to them that was not true and that just like their pistol, or even a revolver, it was one shot per trigger pull. So I went more in depth explaining what semi-auto was. So we continued with the basics and how to aim with open iron sights on the AR and they were ready to fire their first AR-15. After a few magazines they were doing pretty good and dooming man-sized silhouette paper targets at 50 yards to oblivion with center mass and head shots. Then I bought out the red dot equipped AR’s, and one with an LPVO, and the red dot equipped Sig and Glock pistols, and the Remington Model 700 which they really liked. They really liked the Red dots, she especially liked the AR with the Riton LPVO … now they just gotta have one.

      So range day comes to an end, time to clean up so I showed them how to break the firearms down and clean them.

      So, they got some real facts and education on guns, a free range day, a free training class. I gifted them a Romeo 5 red dot for their first AR rifle they were contemplating buying and several 30 round magazines complete with ammo and a cleaning kit.

    • “Why hasn’t this been challenged under the A.D.A.?”

      That’s a very good question, and I brought it up in my letter to the BATF protesting their change of stance.

      When I got clocked by that car 5 years back, along with my ankle being shattered, the impact slammed me on the hood of her car, crushing my knuckles. Didn’t break them, but I couldn’t close my hand further than the amount to grab a baseball. Guns were flat out. (It’s much better now, but not back to 100 percent).

      Would the BATF have wanted me carry around a note from my doctor? It’s still uncomfortable grasping my NAA Mini-revolver… 🙂

      • “Would the BATF have wanted me carry around a note from my doctor?”

        The same BATF that is declaring firearm accessories are not firearms, thus the BATF can regulate them?

  5. Been reading this site for years now since when Robert owned it. Just dropped in to say that I got memberships with CCRKBA, SAF, GOA, and FPC today. No, I don’t have a brace and I’m not planning to get one. For me, that’s not the point anyway, and I’m just paying up for performance here.

    Oh, and no, there’s no money in the budget for incompetence and graft, so Wayne La Pierre’s corrupt organization can take a hike. Besides, they really haven’t done anything of late anyway, and I fear if I give them any funds, I might break out in hives and inadvertently empower them to negotiate more of my rights away.

    But related to that, can anybody help me out with something here? I’ve been carrying for years, and would like to retake the basic gun course that most of my LCSs either offer directly or collaborate with trainers to offer. But so so many of them require an NRA membership, which I think I might be allergic to.

    So any alternate suggestions would be very much appreciated. I’m in Central Florida and will travel anywhere from Jacksonville to Miami to Orlando to Tampa and beyond.

    Thanks in advance!

    • NRA has an affiliate membership for about $10. Used that to get CHP (government permission) issued. That was in 2013. No one at my LGS asked for the NRA sticker after that.

    • In Jax, I’m not aware of any gun shop that require an NRA membership to take a gun course or use the range.

    • Osprey, I can maybe help you out. I am located in central FL. I won’t bore everyone with background info other than to say I am an NRA Instructor/RSO but promise not to use NRA material. 🙂 But I will be happy to drone on about my background and training if you’d like to shoot me an email and we can discuss what you are looking for. You will find my rates quite reasonable – a cup of coffee. Just not starbucks. 🙂 [email protected]

  6. Injunctions are great, congrats to SAF, GOA, and FPC for doing the work and getting this. I guess it’s unclear if you can join now and be covered or you had to already be a member in good standing over the course of the case.

    This is now officially ridiculous if whether you have committed a felony and go to jail or pay thousands in fines for having a braced pistol depends on what gun rights org you belong to. Shall not be infringed if a member of GOA, is that how it works now?

    • 1) ATFE is *entirely* depending upon local LEO to enforce this bullshit…fun fact: most won’t

      2) Due Process was still a ‘thing’ last time I checked–how exactly does the ATFE expect to get a warrant for a legally purchased part with no serial # or associated paperwork to prove ownership–the truth is, THEY CAN’T, making this basically unenforceable except retroactively

      3) The Injuctions all have an expiration date attached–the real issue will become how to handle members of multiple organizations of the dates do not coincide

      4) Social Media is whats going to get idiots into trouble–stay off it and the odds of being harrassed drop exponentially

  7. I don’t get the join us to exercise a constitutional right thing though, if it’s legal its legal.
    I guess though being America you must have the jingle to have freedom.
    Cool ehhh.

    • its a circuit court. that’s how the cases were bought for standing. these organizations can’t cover those who do not have standing, in other words if not a member there was no standing as the case was bought. the court can only rule on the case as bought, thus their decision covers those with standing.

      Basically, it will take a SCOTUS decision/interaction to make it apply to everyone.

      its not about “join us to exercise a constitutional right”… its about how the case was bought for those who had standing.

    • Hi, Possum! For me, it’s not about “paying for a right”.

      The fight for our rights needs to be multi-pronged. Kind of like how it’s easier for TWO possums to drag home a big road-kill carcass than it would be for only one possum to do it.

      I know, I know…and then you have to share it. But still; sharing is not a bad thing if everybody benefits. You have more carcass draggers, I have more fisherbirds, and we all have better odds of reducing the amount of oppression our federal, state, and local governments press down upon us.

      Hiring my own attorney to make filings, attend court appearances, and such…this would be super expensive. Conversely, joining a few 2A rights organizations didn’t even cost me $200, which is the price my attorney charges just to ask him questions. If I want to build or buy a new nest someplace, he’s easily in the 4 figures for reviewing the contract. I guess he has fish to fry too.

  8. I have to say this justifies my becoming a life member of the Second Amendment foundation back in 2020!

  9. Being Retired and of limited means, I do have a problem with the “Protection of only Members of said 3 Organizations.”
    WTF ever happened to “EQUAL PROTECTION UNDER THE LAW?”
    You know that First Clause of the 14th Amendment, ratified in 1868, with the Intent of Preventing Discrimination of US Citizens no matter what race/class/group they’re a member of or not.
    Protecting the 2nd Amendment Rights of all US citizens should be the mission of all Gun Rights Organizations, Not just your paid members.

    Yes, I’m a little pissed about this. No one should have to decide whether they’re going to eat this week or pay a Fee to protect a God Given Fucking Right!

    • As I’ve tried to explain to you before, this isn’t an equal protection violation. It doesn’t even implicate the equal protection clause.

      It’s a civil lawsuit, where the court can grant relief *only* to the parties who are before it and can show that they have suffered and actual or threatened injury (i.e., they have standing). You can’t just ask the court to grant relief for everyone — only for the parties who are before the court. (Associational standing is what allows GOA, FPC, etc., to appear on behalf of its members.)

      The ultimate *holding* of the case (e.g., reg.X is unconstitutional) may be legal precedent that ties the government’s hands. But the fact that the relief granted in a civil case is granted only as to the parties before the court is a basic, fundamental legal concept, not an equal protection violation.

      • it shouldn’t be a civil case. should be criminal. violation of rights under color of law . violation of oath to defend said rights

        • Not really…Legally speaking, nobody has been charged with anything (that I can find) so there is technically no ciolation of rights *yet*

  10. The article probably would look less grifty if you hadn’t put the SAF ad at the end, Dan. I like and appreciate them, but…

    • …did you miss the part that said “Here’s a statement from SAF . . .”? He’s quoting them.

  11. NRA is not the legislative branch. The NRA-ILA has been following this and continuing to work challenge this arbitrary rule change. Note: NRA Institute for Legislative Action. Other groups will also be involved, like the ones noted in the article. I would expect some state and/or local groups to also join in the litigation. The more the better. Take care and be safe out there!

  12. Or, just stick the braces in the closet with the bump stock until the dust settles. 😉

  13. WTF? Where’s the “Equality”? I hear the left using that word every day!!!

  14. I don’t recall you ever lecturing me on anything for one.
    Thank you for illustrating so precisely an inherent fuckup in our Judicial System.
    A fuckup that serves only to divide Justice by Class.

    • You made this same “equal protection” comment in response to the earlier TTAG post on the FPC restructuring its membership options. I responded to it there yesterday afternoon.

      “Equal protection” as used in the Fourteenth Amendment has a specific meaning under the law. It’s not an elastic concept that covers whatever you think is “justice.”

      The legal concept of standing — a bedrock principle that is a check on unrestrained judicial power, by limiting the court to only decide the specific dispute between the parties before it — is hardly “dividing justice by class,” whatever that means.

      Think of it this way. Say we’re at the range with you in Lane 1, Dan in Lane 2, and me in Lane 3. Due to a design defect, Dan’s T&E gun explodes, injuring all three of us. Dan and I hire counsel and sue the manufacturer, and the court eventually awards us our damages.

      Is it a violation of “equal protection” that the court didn’t also award you damages? Of course not. It’s that we were before the court in that case, and you were not. (Now, if there was a factual finding that the gun had a design defect, that ruling might be binding on the manufacturer (under what is known as the doctrine of collateral estoppel), thus making it easy for you to prevail in your own lawsuit . . . but you’d still have to get before the court in order to get relief.)

      Or try it in reverse: say the court ruled *against* Dan and me, saying we hadn’t proven there was a defect that caused our injuries. Does the Court get to issue a broad ruling that binds you and cuts off your claims? Nope, you’re still free to file your own lawsuit, and potentially get a different result.

  15. If you dont belong to a golf club your golf club is illegal.
    Join now and you can exercise your Second Amendment Rights.
    Loving every minute of it.
    Pay to play it’s the American way.

  16. The judges should decide that, if the government needs an entire branch of an agency to determine what is and isn’t legal within a law, that law is unconstitutionally vague. Don’t even get into the second amendment question and force the haters to whine about how their vague law wasn’t actually vague.

    • The bigger argument, which SCOTUS is addressing bit by bit, is why federal agencies should be making laws (especially laws with criminal consequences) in the first place.

      Progress is being made. We’ve seen the Court effectively eliminate Auer deference (that when a regulation is unclear, courts must defer to the agency’s interpretation). It looks like, next term, they may eliminate Chevron deference (that courts must defer to an agency’s interpretation of a statute), which would be a massive curtailment of the administrative state. And very recently, SCOTUS overruled the EPA’s power grab to define “wetlands” as being covered by the Clean Water Act and thus under EPA’s jurisdiction.

      Both the bump stock cases and the pistol brace cases could be vehicles to accelerate this process, probably by holding that where criminal liability will result, any ambiguity in the statutory basis of the regulation must be resolved in favor of the defendant. I.e., because the NFA definition of “machine gun” is subject to two interpretations (i.e., the conventional one that anyone who understands firearms knows, and the tortured one ATF cobbled together to justify its 180 on bump stocks), you have to go with the one favorable to the defendant.

  17. Well, it turns out that with the addition of the SAF and GOA cases, some of the previously doubting lawyers as to the coverage of members of the FPC (and now the GOA and SAF) are somewhat wavering on their previous doubt that members are actually covered.

    How Avoiding the Pistol Brace Rule Really Might Be This Easy After All.

    • “Where is The NRA in all of this?????”

      Leading from behind.

      Haven’t you been paying attention?

    • Stealing funds from members and secretly supporting the turmoil that keeps them relevant…

      Bidness as Usual at the National Rhetoric Association: Supporters of *every* major piece of Anti-2A Legislation since 1934

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