The federal 5th District Court of Appeals for the Northern District of Texas issued a preliminary injunction against the pistol brace ban on Tuesday. It does not cover everyone, but it is a step in the right direction.
In January, the ATF stated that AR-15-style rifles and many other guns with pistol braces would be considered “short-barreled rifles.” These firearms would require registration as short-barreled rifles (SBR) and a $200 tax stamp. The ATF told gun owners they have until June 1 to register any gun covered under the ruling.
Gun Owners of America issued the following statement:
“This is an encouraging step from the Fifth Circuit, and we hope that the judge in our own case will see this ruling and in turn grant a more robust injunction to relief the millions of Americans nationwide who may soon be in legal jeopardy,” said Erich Pratt, GOA’s Senior VP. “This is just the latest attempt by the Biden Administration to weaponize federal agencies against the American people, and we will continue to stand in the way in defense of our rights.”
“This injunction is welcome news, but due to it’s limited nature, we still need Congress to act before the June 1st deadline,” said Aidan Johnston, GOA’s Director of Federal Affairs. “189 Representatives and 47 Senators have already signed on, and we urge the Speaker to put this on the floor for a vote and force Democrats in both chambers to vote on whether to make their constituents felons overnight.”
The injunction does not cover everyone, and the Firearms Policy Coalition (FPC) is looking for further clarification. The FPC said, “We are very excited and encouraged by the Fifth Circuit’s decision this morning,” said Cody J. Wisniewski, Senior Attorney for Constitutional Litigation at FPC Action Foundation. “We intend to ask the Court for additional information about who is covered under the injunction, but cannot stress enough just how important this decision is. The fight is far from over, but this is a huge victory in the battle against the ATF’s unconstitutional and unlawful brace rule!”
ALERT: The Fifth Circuit has issued an injunction pending appeal as to "the Plaintiffs in this case" in our lawsuit challenging the ATF's pistol brace rule. Stay tuned here and on our website as FPC seeks clarification from the Court as to who is covered: https://t.co/fCCmBeqt30 pic.twitter.com/NylpRjiJ35
— Firearms Policy Coalition (@gunpolicy) May 23, 2023
It’s a win for gun owners, and we will need to wait and see what the court decides next.
