FT. WORTH, TX (August 18, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of a supplemental district court brief in Mock v. Garland, their lawsuit challenging the ATF’s pistol brace rule. The brief follows the Fifth Circuit determining that the rule is likely illegal and remanding the lawsuit back to the district court with instructions to reconsider the other preliminary injunction factors within 60 days. The brief can be viewed at FPCLegal.org.
“The evidence demonstrates overwhelmingly that Plaintiff Maxim Defense, as well as everyone in the chain of commerce with it, has and will continue to suffer irreparable harm if the Final Rule is not enjoined,” argues the brief. “The market for stabilizing braces and pistols with stabilizing braces (‘braced pistols’) has essentially evaporated. Assuming Maxim Defense can even survive if the Final Rule is not enjoined, Maxim Defense and the rest of the industry will continue to lose countless millions of dollars that cannot be recouped.”
“The Fifth Circuit has already ruled that we are likely to win this case on the merits, but now we are further demonstrating to the District Court just how destructive ATF’s ‘Pistol Brace’ Rule has been to the industry and how much harm it has caused,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, and FPC’s counsel in this case. “Importantly, we also address the necessary scope of an injunction, which we maintain should apply universally and nationwide–it was ATF that chose to promulgate a nationwide rule that, with the stroke of a pen, turned millions of peaceable people into felons, so it is their burden to bear that their unlawful rule should not be enforced against a single person or entity for the pendency of the litigation.”
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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.
FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.