ATF and pistol braces ?

M

MTT TL

New member
The 5th Circuit Court of Appeals Has ruled that the ban exceeded the authority of the ATF and remanded it back to District Court.

https://assets.nationbuilder.com/fi...0919131/Mock_v_Garland_Opinion.pdf?1690919131

For the foregoing reasons, we REVERSE the order denying a prelim-
inary injunction and REMAND with instruction to consider that motion
expeditiously. To ensure relative stability, we MAINTAIN the preliminary
injunction pending appeal that the motions panel issued on May 23, 2023, as
clarified by this merits panel on May 26, 2023.63 This court’s injunction will
expire 60 days from the date of this decision, or once the district court rules
on a preliminary injunction, whichever occurs first. We direct the district
court to rule within 60 days.
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So we might know sooner rather than later.

Throughout the ruling they comment a bit about how imperfect and confusing ATF rulings, procedures and process are.

Under the Final Rule, it is nigh impossible for a regular citizen to
determine what constitutes a braced pistol, and outside of the sixty contem-
poraneous adjudications that the ATF released, whether a specified braced
pistol requires NFA registration.53 Various AR pistols without a recognizable
“brace” may fall into the strictures of the Final Rule.54 Such an owner may
not be on notice that his firearm is subject to criminal penalties without
registration.

Nor does the ATF bother to clarify the matter.
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M

MTT TL

New member
But whatever we learn from this case will be valid only in the 5th Circuit jurisdiction.
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Not exactly. It was remanded to the District Court which is only a small portion of the 5th's Circuit. However a District Court can issue a national injunction which can then go to the appeals court or even the SCOTUS. It turns into a game of hot potato that can go for a while.
 
R

raimius

New member
There are now reported cases of the ATF violating court injunctions and confiscating braced pistols and FRTs. Hopefully, this will lead to contempt charges or some other legal smackdown, but until then, be careful and ready to record any interactions with ATF/DOJ agents (if they are willing to violate court orders, filing false reports about interviews wouldn't be a stretch...)

https://m.youtube.com/watch?v=29CxsoUwsFg
 
S

Sharkbite

New member
Is there now a nationwide injunction?
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No. The injunction only applies to the named parties (as stupid as that sounds).

So, 2 people that live nextdoor to each other, both have identical braced pistols, one is a member of FPC and the other is not. One is a felon in possession of an unregistered SBR and the other is legal.

There is no way that stands up long term. Equal protection under the law or some such has to come into play….right???????
 
4

44 AMP

Staff
One is a felon in possession of an unregistered SBR and the other is legal.
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When discussing the fine points of laws, particularly stupid laws (and ATF rulings are regulations, NOT law) it is important to be clear in the terms used.

One is not a felon, until convicted of a felony. A person might well be in criminal violation of the law (or just the ruling), but until they are arrested, charged, tried, and convicted, they are not felons.
 
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