Today, June 13, 2024 , Firearms Policy Coalition announced a major legal victory in its Mock v. Garland lawsuit challenging the Biden Administration’s “pistol brace” ban rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF).
In the decision, United States District Court Judge Reed O’Connor granted summary judgment in favor of FPC and its co-plaintiffs and issued a final judgment and order vacating the ATF’s rule. The case and opinion can be found at FPCLegal.org.
“The Biden Administration’s ATF hates us so much that it lawlessly acted to turn millions of gun owners into felons, but FPC and our members ran towards the fire and defeated this evil,” said FPC President Brandon Combs. “Today’s order shows that our community can take on an immoral government and win. FPC members should be proud of what was accomplished today. We look forward to defending this victory on appeal and up to the Supreme Court, just as we have in other cases.”
Check Out an Easy To Understand Break Down By Guns and Gadgets
The plaintiffs are represented by attorneys Cody Wisniewski of FPC Action Foundation, Bradley Benbrook and Stephen Duvernay of the Benbrook Law Group, and R. Brent Cooper and Benjamin Passey of Cooper & Scully. Plaintiffs in this case are two individual FPC members, Maxim Defense, and FPC. FPC Action Foundation represented the Plaintiffs, alongside Benbrook Law. FPC expects the Mock decision and remedy to be appealed by the U.S. Department of Justice (DOJ).
🚨 FPC GRASSROOTS ARMY WIN 🚨
In our Mock v. Garland ATF Pistol Brace Rule Lawsuit, the District Court has issued its decision and VACATED THE RULE! pic.twitter.com/OOsFcPZilk
— Firearms Policy Coalition (@gunpolicy) June 13, 2024
For years, ATF gave its blessing that putting the adjustable braces on pistols was allowed even though the braces could be used as a style of stock, turning the firearms into short-barreled rifles. Typically, short barreled rifles are regulated under the Al Capone era National Firearms Act which requires a $200 tax stamp and registration.
n his decision, Judge Reed O’Connor said that the ATF was wrong in just changing its mind without giving an explanation. He also hit the agency for ignoring comments from users and writing the rule vaguely.
“The court finds that the adaptation of the final rule was arbitrary and capricious for two reasons. First, the defendants did not provide a detailed justification for their reversal of the agency’s longstanding position. And second, the final rule’s standards are impermissibly vague,” wrote the judge.
There are an estimated 10 million or more of the firearms in America. During an ATF grace period, when owners were allowed to register their weapons free of the $200 tax, less than 300,000 did so.