Fifth Circuit Clarifies that its Injunction Against ATF Pistol Brace Rule Covers FPC’s Members

NEW ORLEANS, LA (May 26, 2023) — Today, Firearms Policy Coalition (FPC) released a statement on the Fifth Circuit’s Order clarifying that the Injunction Pending Appeal in Mock v. Garland applies to FPC’s members, Maxim Defense’s customers, and the individual plaintiffs’ resident family members. The order, along with other case documents, can be viewed at FPCLaw.org.

FPC challenged ATF’s administrative rule that seeks to reclassify “braced pistols” as “short-barreled rifles.” In so doing, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.

FPC has argued that the rule is a violation of both the U.S. Constitution and the Administrative Procedure Act because it infringes upon the fundamental and natural rights of the People. Plaintiffs sought declaratory and injunctive relief to secure their constitutionally protected right to keep and bear arms.

Per the Fifth Circuit’s Order: “This clarification is granted essentially for the reasons concisely set forth in the May 25, 2023, Plaintiffs-Appellants’ Reply to Their Opposed Motion for Clarification of Injunction Pending Appeal. . . Plaintiffs merely request clarification on whether their reading of the term ʻPlaintiffs’ to include the customers and members whose interests Plaintiffs Maxim Defense and Firearms Policy Coalition (ʻFPC’) have represented since day one of this litigation is correct.’  That reading is correct. Also as requested, the term “Plaintiffs in this case” includes the individual plaintiffs’ resident family members.”

“We’re incredibly excited to report that the Fifth Circuit has clarified that our injunction covers FPC’s members and Maxim Defense’s customers, as we have always argued for,” said Cody J. Wisniewski, Senior Attorney for Constitutional Litigation. “This relief will offer protection while we continue to fight against ATF’s overreach.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org.