{"id":103631,"date":"2024-08-13T21:44:32","date_gmt":"2024-08-14T02:44:32","guid":{"rendered":"https:\/\/milesfortis.com\/?p=103631"},"modified":"2024-08-13T21:44:32","modified_gmt":"2024-08-14T02:44:32","slug":"103631","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=103631","title":{"rendered":""},"content":{"rendered":"

U.S. Government Appeals Pistol Brace Decision to 5th Circuit<\/a><\/p>\n

After nearly three months of silence, the U.S. Government has now appealed the June 13, 2024, pistol brace decision to the U.S Court of Appeals for the Fifth Circuit.<\/p>\n

The appeal was announced on August 12, 2024.\u00a0The case is\u00a0Mock v. Garland<\/em>, and it was brought by the Firearms Policy Coalition.<\/p>\n

The ATF pistol brace rule targets stabilizer braces attached to AR pistols, claiming the braces turn AR pistols into short barrel rifles (SBRs). And since SBRs are regulated under the National Firearms Act (1934), the ATF issued its rule on AR-pistol braces to stop what it saw as a way around SBR regulations.<\/p>\n

Breitbart News\u00a0reported<\/a> that U.S. District Judge\u00a0Matthew J. Kacsmaryk issued a preliminary injunction against the AR pistol brace rule on November 8, 2023.<\/p>\n

Kacsmaryk observed that the \u201ccourt is not insensitive to the ATF\u2019s concerns over gun industry gamesmanship and attempts to circumvent the rules on SBRs.\u201d But he followed that acknowledgement by quoting\u00a0Bruen<\/em>\u00a0(2022), noting that the government may not justify the passage and\/or existence of a regulation by \u201csimply [positing] that the regulation promotes an important interest.\u201d<\/p>\n

In a decision dated June 13, 2024, U.S. District Judge Reed O\u2019Connor\u00a0vacated<\/a> the ATF\u2019s AR pistol brace rule, saying it violated the Administrative Procedure Act (APA).<\/p>\n

The U.S. Government has now appealed the pistol brace decision to the Fifth Circuit.<\/p>\n