Summary: Federal lawsuit challenging the ATF's pistol brace rule.
Plaintiffs: William Mock, Christopher Lewis, Maxim Defense Industries, LLC, and Firearms Policy Coalition
Defendants: Attorney General Merrick Garland, United States Department of Justice, ATF Directer Stephen Dettelbach, and Bureau of Alcohol, Tobacco, Firearms, and Explosives
Litigation Counsel: R. Brent Cooper and Cody Wisniewski
Docket: N.D. TX case no. 4:23-cv-00095, Fifth Circuit case no. 23-10319 | CourtListener Docket
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Circuit Court
- 2023-8-1: Opinion
- 2023-6-29: Oral Arguments
- 2023-6-20: Plaintiffs-Appellants’ Reply Brief
- 2023-6-15: Brief for Appellees
- 2023-6-5: Plaintiffs-Appellants’ Opening Brief
- 2023-5-26: Order Granting Motion for Clarification
- 2023-5-25: Plaintiffs-Appellants’ Reply to Their Opposed Motion for Clarification of Injunction Pending Appeal
- 2023-5-25: Defendants’ Response to Plaintiffs’ Motion for Clarification of Injunction Pending Appeal
- 2023-5-24: CASE CALENDARED for oral argument on Thursday, 06/29/2023 at 10:00 am in the En Banc Courtroom in the Wisdom Courthouse in New Orleans.
- 2023-5-23: Plaintiffs-Appellants’ Opposed Motion for Clarification of Injunction Pending Appeal
- 2023-5-23: Unpublished Order
- 2023-5-22: Plaintiffs-Appellants’ Reply Supporting Their Motion for Injunction Pending Appeal
- 2023-5-19: Response to Emergency Motion for an Injunction Pending Appeal
- 2023-5-17: Plaintiffs-Appellants’ Opposed Emergency Motion for Injunction Pending Appeal
District Court
- 2023-9-8: Plaintiffs’ Supplemental Reply Brief in Support of Their Motion for Preliminary Injunction
- 2023-9-1: Defendants’ Supplemental Brief in Opposition to Plaintiffs’ Motion for a Preliminary Injunction
- 2023-8-18: Plaintiffs’ Supplemental Brief in Support of Their Motion for Preliminary Injunction
- 2023-6-19: Order Staying Proceedings
- 2023-6-16: Plaintiffs’ Response to Defendants’ Motion to Stay Proceedings
- 2023-6-16: Defendants’ Motion to Stay Proceedings
- 2023-4-18: Plaintiffs’ Reply in Support of Their Motion for Injunction Pending Appeal
- 2023-4-12: Defendants’ Opposition to Plaintiffs’ Motion for an Injunction Pending Appeal
- 2023-3-30: Notice of Appeal
- 2023-3-30: Motion for Injunction Pending Appeal
- 2023-3-30: Opinion & Order on Plaintiffs’ Motion for Preliminary Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule
- 2023-3-17: Plaintiffs’ Reply in Support of Their Motion for a Preliminary Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule
- 2023-3-10: Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule
- 2023-2-21: Plaintiffs’ Brief in Support of Their Motion for a Preliminary Injunction or, in the Alternative, for Postponement of the Effective Date of the Final Rule
- 2023-2-7: First Amended Petition for Judicial Review and Request for Vacatur of Agency Action
- 2023-1-31: Petition for Judicial Review and Request for Vacatur of Agency Action
News Releases:
- 2023-8-18: FPC and FPCAF File Supplemental Brief in Lawsuit Challenging ATF Pistol Brace Rule
- 2023-8-1: Fifth Circuit Rules that ATF Pistol Brace Rule is Likely Illegal
- 2023-6-21: FPC Completes Appellate Injunction Briefing in Lawsuit Challenging ATF Pistol Brace Rule
- 2023-6-5: FPC Files Opening Brief in Lawsuit Challenging ATF Pistol Brace Rule
- 2023-5-26: Fifth Circuit Clarifies that its Injunction Against ATF Pistol Brace Rule Covers FPC’s Members
- 2023-5-23: FPC Secures Injunction Against ATF Pistol Brace Rule, Will Seek Clarification on Scope of Ruling
- 2023-1-31: FPC Files New Lawsuit Challenging ATF Pistol Brace Rulemaking