FPC Completes Appellate Injunction Briefing in Lawsuit Challenging ATF Pistol Brace Rule

The oral argument in the case, which was the final filling before the court, can be viewed at FPCLegal.Org. The brief filed by FPC covers the injunction against the rule of ATF’s pistol brace. FPC and FPC Action Foundation announced the filing of a brief reply with the Fifth Circuit Court of Appeals in Garland v. Mock. The filing took place less than a month after the court’s ruling. The FPC announced the filing on June 21, 2023, in New Orleans, LA.

“However it is defined,” the brief argues that the Appellants are likely to continue to win based on the merits of a constitutionally bearable pistol brace. The brief also states that the Agencies have not met the burden of showing that the historically allowed regulation of braced pistols or SBRs infringes on the right to bear and keep arms. The brief dismisses the arguments of the Appellees, stating that the conclusion reached by the panel motions has already been reached and that their arguments are simply rehashed.

The Plaintiffs are requesting a preliminary injunction from the Fifth Circuit Court to preserve the status quo while they argue their case, which is set for argument on June 29th. They are arguing that extending the injunction just beyond the length of the appeal is functionally necessary.

In order to avoid these negative consequences, it is therefore necessary for this Court to overturn the district court’s decision and impose a preliminary injunction that applies nationwide. The general public does not benefit from the illegal implementation of [ATF’s] regulation and the serious damages that come with it. FPC and FPCAF have explicitly asked for an injunction that will be applicable to all individuals, not only the Plaintiffs and their associates and patrons.

Cody J. Wisniewski, Senior Attorney for Constitutional Litigation at FPCAF and counsel for FPC in this case, stated, “We simply want to present our entire case to the Court while preserving the current status quo; for a decade, firearms classified as pistols have been treated appropriately here.” “We are asking the Fifth Circuit Court to ensure that people across the United States, who are peaceful, are protected from the unconstitutional and unlawful enforcement of ATF’s rule on pistol braces, which we believe is unconstitutional and unlawful due to its length.”

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The team at FPC, a nonprofit organization (firearmspolicy.Org), is working as advocates to achieve the objectives of the Organization’s strategic goals through programs such as outreach, education, grassroots action, regulatory and legislative briefing, amicus publications, scholarly research, and litigation. Their efforts are focused on restoring the freedom and advancing the individual and constitutional rights, defending liberty, and creating a world with maximal human liberty, including issues related to encryption, privacy, asset forfeitures, powers of separation and seizures, unlawful searches, due process, freedom of speech, and the right to keep and bear arms.

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