ATF Appeals to Fifth Circuit to Reinstate Pistol Brace Rule Nationwide

BLUF: The ATF seeks to overturn a Nationwide block on their pistol brace rule. They argue in the Fifth Circuit that tax requirements invalidate the case. The Fifth Circuit will decide if the ATF overstepped its authority.

The ATF has appealed a case about their pistol brace rule to the Fifth Circuit Court. They want to overturn a Nationwide block on enforcing this rule. Judge O’Connor initially vacated the rule, saying it violated procedures. The ATF argues that the court's decision prevents them from collecting a tax required under federal law. They want the Fifth Circuit to dismiss the case.

The ATF claims that the court's decision has allowed people to avoid paying a tax on certain firearms. They say this violates the tax anti-injunction act. This act stops lawsuits that try to prevent tax collection. The ATF believes this point should dismiss the case.

The court had earlier found the ATF's rule made a change from the proposed rule without proper notice. This change was about how they decide if a firearm with a brace is a short-barreled rifle (SBR). The ATF used to have a "report card" system and then changed to a "six-factor" test. They claim the change was not a violation because both systems shared common elements. The ATF defends their position, saying their rule was not unreasonable.

The ATF wants the case sent back to Judge O’Connor. They argue he should not have made a decision that prevents tax collection. The ATF uses arguments similar to those in a Texas suppressor case. They hope these arguments will convince the Fifth Circuit to reverse the decision.

The Fifth Circuit will review the appeal. They will decide if the ATF overstepped their authority in regulating firearms with pistol braces. The court will examine if the ATF's rule is valid under the administrative procedure act. This case could affect if individuals must register some firearms and pay a tax.

The decision by the Fifth Circuit is pending. The outcome will determine if the ATF's pistol brace rule can be enforced across the United States.

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