NEW ORLEANS, LA (June 21, 2023) – Today, Firearms Policy Coalition (FPC) announced the filing of a reply brief with the Fifth Circuit Court of Appeals in Mock v. Garland, FPC and FPC Action Foundation’s challenge to ATF’s pistol brace rule. The brief was filed less than one month after the Court clarified that its injunction against the rule covers FPC’s members. The brief, which was the final filling in the case before oral argument, can be viewed at FPCLegal.org.
“Nothing in Appellees’ rehashed arguments alters the conclusion already reached by the motions panel,” argues the brief. “Appellants remain likely to win on the merits because a braced pistol is a constitutionally protected bearable arm, and the Agencies have not met their burden of showing that the right to keep and bear arms historically allowed NFA-like regulation of braced pistols or SBRs, however defined.”
Plaintiffs are requesting that the Fifth Circuit issue a preliminary injunction to preserve the status quo while they argue their full case–functionally extending the injunction beyond just the length of the appeal. The case is set for argument before the Fifth Circuit on June 29th.
FPC and FPCAF have specifically requested an injunction that will extend to all individuals, not just Plaintiffs and their members and customers: “The public has no interest in the unlawful enforcement of [ATF’s] rule and the irreparable harms that accompany it. This Court should thus reverse the district court and enter a nationwide preliminary injunction to prevent these harms.”
“All we’re asking is for the Fifth Circuit to ensure that peaceable people across the United States are protected from ATF’s enforcement of its unlawful and unconstitutional pistol brace rule for the length of the case,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “The firearms at issue here have been properly treated as pistols for a decade; we simply want to preserve that status quo while we make our full case to the Court.”
Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
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.