https://thereload.com/ruling-m...om-pistol-brace-ban/


(There is more in the linked article)


“[T]he Court finds that the Government Defendants’ implementation and enforcement of the Final Rule substantially threatens to inflict irreparable constitutional harm upon the [Firearms Policy Coalition] members,” Judge O’Connor, a George W. Bush appointee, wrote in Mock v. Garland. “Absent injunctive relief, the Final Rule will impair and threaten to deprive them of their fundamental right to keep and bear commonly used arms as a means of achieving the inherently lawful ends of self-defense. See U.S. CONST. AMEND. II (providing that the ‘right of the people to keep and bear Arms, shall not be infringed.’).”

Friday’s ruling is built on the groundwork laid in Mock. Judge Lindsay, a Bill Clinton appointee, cited the Fifth Circuit’s determination that the ATF overstepped its authority in his ruling.

“Based on the reasoning in Mock, the court similarly determines that the NRA is likely to succeed on the merits of its claim that the Final Rule violates the APA because it is not a logical outgrowth of the Proposed Rule,” he wrote.

He also rejected the ATF’s argument that any harm suffered by NRA members, such as named plaintiff Dr. Carl Carlson, was self-inflicted because they chose not to register their guns during the grace period.

“[T]hat Dr. Carlson or other NRA members could have registered their firearms tax free during the grace period to avoid the $200 registration fee is quite beside the point,” Judge Lindsay wrote. “Because any costs incurred by the NRA’s members will be unrecoverable due to Defendants’ sovereign immunity from money damages, and the likely reality of NRA members facing criminal penalties and fines for noncompliance during the pendency of this lawsuit, the court determines that the irreparable harm requirement for injunctive relief is satisfied here.”

NRA Fudds even know what an ar pistol is?

Don’t knock it. This is a win.

?How come this doesn’t fall under ex post facto rules. I thought that wasn’t allowed.

Hey, those NRA Fudds shoot at targets that actually MOVE, typically at speeds between 35 and 80 mph. Those targets also come in a variety of sizes with the most common being 4.2 inches in diameter.

I've seen AR guys whining about paper targets stapled to a piece of cardboard swinging due to a light breeze.

quote:

Originally posted by RichardC:

He also rejected the ATF’s argument that any harm suffered by NRA members, such as named plaintiff Dr. Carl Carlson, was self-inflicted because they chose not to register their guns during the grace period.

I'm sure the ATF knows SBR's aren't legal in some states, and they couldn't do that.

It's been a minute since the NRA actually did something right for their members. A very nice and definitely just result.

quote:

Originally posted by Ryanp225:
NRA Fudds even know what an ar pistol is?

Guess it depends on how you define "Fudd"--I have more AR's than I do Bolt guns or Lever Actions & belong to FPC as well as the NRA, but do cling mightily to my Guns & Religion...I also outlasted that scoundrel Wayne LaPierre, FWIW...

so is this a permanent relief for NRA members allowing them to regain constructive possession of pistol braces?

Big Brother will appeal, but hell yea enjoy another win for now!

I am a lifetime member of the NRA, however I also belong and only give funds to the GOA and FPCA.

I will enjoy every win that comes our way!!

quote:

Originally posted by Scooter123:
Hey, those NRA Fudds shoot at targets that actually MOVE, typically at speeds between 35 and 80 mph. Those targets also come in a variety of sizes with the most common being 4.2 inches in diameter.

I've seen AR guys whining about paper targets stapled to a piece of cardboard swinging due to a light breeze.

I won't miss this opportunity to highlight scooter putting his foot in his mouth again. I like what Ryan said.

anyway

GOA did this already.

A while ago.

None of this ever meant Jack shit.

Did I miss something? I thought I was paying very close attention when 08F was released, and during the aftermath following it when numerous legal challenges were filed in the courts. I can't be the only one that was thinking AND saying out loud at the time 'where the hell is the NRA on this'? It was like they were completely AWOL! How is it that they filed this suit in July 2023, and basically nobody know about it?

Regardless, it seems they were late to the party!

Back in November, US District Judge Matthew Kacsmaryk stated the following in his opinion:

"But public safety concerns must be addressed in ways that are lawful. This Rule is not."
Conclusion - "For the foregoing reasons, the Court GRANTS the Motion and STAYS the Rule in its entirety."

I thought that was it...Done deal. I haven't heard of any appeal by ATF, and assumed this was over. Is this still a thing or no?

This message has been edited. Last edited by: nhracecraft,

quote:

Originally posted by nhracecraft:
How is it that they filed this suit in July 2023, and basically nobody know about it?

General hate for the NRA.

That’s despite the fact that if they hadn’t existed for at least the past 60 or so years we’d be lucky to have the gun ownership “rights” they do in places like Canada or Australia. Yes, we have good reason to hate some of their actions such as subsidizing Wayne’s lavish lifestyle and to be annoyed by their solicitations for money, and those excuses are the sorts of things that give countless gun owners the reasons to not support the NRA’s legitimate efforts to keep them being gun owners.

But who does the BS media attack whenever they’re trying to demonize the “gun lobby”? It’s not the Podunk Rod and Gun Club, and for good reason.

I was shooting at a public range when a couple of younger guys arrived. I was considerably older than they were and was shooting a Marlin 39 .22 rifle. I was waiting for a friend that is about my age but has a much larger assortment of guns than I do. The younger guys ignored me and started to unload their car. Just then my friend arrived. One of the younger guys asked if the range was clear, they wanted to put targets up. We said sure. They put up a few targets and came back and explained that they had some AR 15 assault rifles but everything was legal. I guess they thought we were NRA Fudds. My friend then pulled out his legal, registered M16A1 and fired a burst. We all had a nice conversation and my friend let them fire a few rounds. The point of all this is that I know a lot of NRA members that have a variety of guns and have been fighting the anti gunners a long time. We are not all Fudds.