The ATF has submitted its final arguments to the Fifth Circuit Court of Appeals. The agency wants to lift the nationwide block against their pistol brace rule. This rule change is part of a larger legal battle over how the ATF classifies firearms.
The nationwide block is currently protecting people. It allows the use of brace pistols in certain setups. The ATF argues that this lawsuit was improper because of a tax rule in the National Firearms Act. They believe the lawsuit should be dismissed.
Recently, the ATF appealed several cases to the Fifth Circuit. These cases include Mock v. Garland and others. The appeals involve preliminary injunctions, which are temporary legal actions. <<>>
The Fifth Circuit found that the plaintiffs in the Mock case were likely to win. They ruled that the ATF violated the Administrative Procedure Act. The court sent the case back to Judge O’Connor for a review. He re-evaluated it and issued a preliminary injunction. He later ruled on the final merits and vacated the entire rule.
Judge O’Connor found that the ATF’s rule had inconsistencies. He ruled that the ATF did not follow the logical outgrowth test. This test checks if a final rule is a logical extension of a proposed rule. The ATF’s proposed rule and final rule did not match up.
This situation is still unfolding. People are watching to see how the Fifth Circuit will rule. The case highlights the ongoing debates around firearm regulations in the United States.
- Eighth Circuit Court Strikes Down ATF’s Pistol Brace Rule as Arbitrary - December 20, 2024
- Federal Judge Strikes Down ATF’s Force Reset Trigger Restrictions - December 18, 2024
- Supreme Court declines emergency intervention in NYC gun permit case - December 16, 2024
