The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has filed a notice of appeal in a case challenging its rule against pistol braces (FINAL RULE 2021R-08F). Gun Owners of America (GOA) filed a motion for summary judgment a day later.
The case, Texas v. ATF, is a joint effort between GOA, Gun Owners Foundation (GOF), and the state of Texas to take down the ATF’s pistol brace rule.
Just a day before the ATF rule was due to go into effect, Federal District Court Judge Drew Tipton for the Southern District of Texas issued a preliminary injunction (PI) for all GOA members, barring the ATF from taking enforcement actions against them. This ruling came on the heels of the Mock v. Garland Fifth Circuit Court of Appeals decision that blocked enforcement of the rule on Firearms Policy Coalition (FPC) members. Second Amendment Foundation (SAF) also got a preliminary injunction against the rule before the rule’s effective date.
“For these reasons, the Court GRANTS IN PART Plaintiffs’ Motion for Preliminary Injunction, (Dkt. No. 16). Defendants are ENJOINED from enforcing the Final Rule against the private Plaintiffs in this case, including its current members and their resident family members, and individuals employed directly by the State of Texas or its agencies. The preliminary injunction will remain in effect pending resolution of the expedited appeal in Mock v. Garland,” the order reads.
Since then, the Fifth Circuit Court of Appeals has expanded the injunction to cover everyone in the nation, effectively killing the ATF’s rule. Before that happened, according to GOA, all parties agreed to the timeline in the Texas v. ATF case.
Merely one day prior to Texas and GOA submitting a motion for summary judgment, the ATF proceeded to lodge a notice of appeal with the Fifth Circuit Court of Appeals. Many think the ATF violated the agreed-upon timeline and is trying to stall for time since the Fifth Circuit appears to be a dead end for a Bureau legal victory.
Click the link to read the whole article: ATF Violates Agreed Upon Timeline
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