1-Minute Update: Pistol Braces Back on the Menu
A federal judge prevents the ATF pistol brace rule from being enforced...
Good news for millions of gun owners: a federal court in Texas has decided the Biden ATF's rule on pistol braces is likely to fail on merit and has blocked enforcement of the rule nationwide by issuing a stay in Britto v. ATF.
Judge Matthew Kacsmaryk, U.S. District Judge, Northern District of Texas, issued the injunction and granted the stay.
Judge Kacsmaryk writes:
...the Court is certainly sympathetic to ATF's concerns over public safety in the wake of tragic mass shootings...But public safety concerns must be addressed in ways that are lawful. This Rule is not.
And just like that, the pistol braces are back on the menu. Peaceful citizens can now enjoy their brace-equipped firearms without fear of ATF arresting them.
DOJ can (and likely will, of course) appeal. The appellate court would be the United States Court of Appeals for the Fifth Circuit. But that's the same Fifth Circuit that already ruled against ATF on this in Mock v. Garland; it's unlikely ATF will find a sympathetic panel there. Of course, ATF could also ask SCOTUS to weigh in.
But right now? The pistol brace rule cannot be enforced. This issue is still technically in play, so whether or not you think it's wise to make a spectacle of yourself on social media by taking a victory lap with your pistol brace guns is, as always, your call.
Read the decision: https://storage.courtlistener.com/recap/gov.uscourts.txnd.372602/gov.uscourts.txnd.372602.68.0.pdf