Article

2024-04-05 -Land of the Free

Federal Judge Rules Millions Of NRA Members Exempt From ATF Pistol Brace Rule

[ZERO] A federal judge has blocked the ATF from enforcing its pistol brace rule for millions of members of the National Rifle Association (NRA) as the appeals process plays out.

It came after the NRA filed a lawsuit against the ATF, or the Bureau of Alcohol, Tobacco, Firearms and Explosives, arguing that the agency’s rule to reclassify the brace-equipped pistols as short-barreled rifles is unconstitutional.

U.S. District Judge Sam Lindsay sided with the gun rights group, arguing that the Fifth U.S. Circuit Court of Appeals already concluded that the ATF pistol-brace rule "fails the logical outgrowth test and violates" the Administrative Procedure Act (APA) and is "unlawful" under the act.

"The court, therefore, sees no reason why it should not consider this argument and APA claim in ruling on Plaintiff’s Motion," the judge added. "To not do so would be exalt form over substance, particularly since the Fifth Circuit has already determined that this claim has a substantial likelihood of succeeding on the merits."

The judge agreed with the NRA’s arguments that its members would be substantially harmed by the ATF rule, which was finalized in January 2023.

Posted by Besoeker 2024-04-05 02:06|| || Front Page|| [11156 views ] Top

#1 I don't understand why the ATF wants to ban pistol braces. I have used one, it helps steady the hand resulting in greater accuracy.

Posted by Deacon+Blues 2024-04-05 11:08|| 2024-04-05 11:08|| Front Page Top

#2 ...thereby making for a more satisfying shooting experience.

Kinda like only banning menthol cigarettes.

Posted by Skidmark 2024-04-05 14:27|| 2024-04-05 14:27|| Front Page Top

#3 Have you seen a Luger or Mauser with a carbine stock attachment? They had a surge of popularity after WW1 and IIRC drew the ire of the gun control legislation. A Pistol Brace kinda sorta makes a pistol a carbine and hence it is a "short barreled rifle" which are yesteryear's evil thing...

Posted by magpie 2024-04-05 19:05|| 2024-04-05 19:05|| Front Page Top

#4 Next thing you know, they will be trying to ban servo motors and remotely operated weapons turrets.

Posted by SteveS 2024-04-05 19:17|| 2024-04-05 19:17|| Front Page Top

#5 Yes. The left believes the 2nd Amendment applies only to muskets, while the NFA and the 1968 Firearms Act can be re-interpreted on the fly and expanded infinitely.

Posted by M. Murcek 2024-04-05 19:39|| 2024-04-05 19:39|| Front Page Top

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