FPC Triumph: Court Overturns Biden/ATF Pistol Brace Rule

 June 15, 2024

A Texas court has decisively struck down the Biden Administration's controversial ban on pistol braces.

In a landmark ruling, the Firearms Policy Coalition (FPC) successfully challenged the federal government's prohibition, overturning the measure in Mock v. Garland.

The legal dispute centered around the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)'s recent rule banning pistol braces, devices often used by firearms enthusiasts for stability and accuracy. This decision was handed down by United States District Court Judge Reed O'Connor on June 13, 2023, in Fort Worth, Texas.

The lawsuit was spearheaded by FPC along with individual members and firms like Maxim Defense. Legal expertise was provided by a team from the FPC Action Foundation, Benbrook Law Group, and Cooper & Scully.

Representing a significant win for the gun rights advocacy group, the ruling is expected to face an appeal from the U.S. Department of Justice, echoing the contentious nature of this legal battle.

Legal Battle Engages Top Advocacy and Law Firms

The plaintiffs, including FPC and two of its members, were represented by attorneys Cody Wisniewski, Bradley Benbrook, Stephen Duvernay, R. Brent Cooper, and Benjamin Passey. These legal experts have positioned the lawsuit as a defense of constitutional rights against an overreaching rule.

Their challenge argued that the ATF's regulation was an unlawful burden on gun owners, effectively transforming lawful owners into potential felons under the new rule.

This case is part of a broader struggle by FPC to safeguard gun rights, evidenced by the Supreme Court's recent decision to hear another of the organization's challenges.

FPC's Firm Stance on Gun Rights Protection

Brandon Combs, President of FPC, strongly criticized the ATF's actions. He described the regulation as an unlawful act by the administration to criminalize ordinary gun owners unjustly.

“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,” Combs stated.

He further emphasized the importance of community and resilience in overcoming governmental overreach. “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,” he added.

Community and Legal Expertise Lead to Victory

The collaborative effort of legal minds and community support was pivotal in this case. The comprehensive legal strategy and community mobilization underscored the importance of unity in facing regulatory challenges.

Combs highlighted the determination to continue fighting for gun rights, “We look forward to defending this victory on appeal and up to the Supreme Court, just as we have in other on cases,” signaling a preparedness for ongoing legal battles.

This determination reflects the broader mission of the FPC and its legal affiliates to assert and defend the rights of gun owners across the United States.

Implications for Future Gun Legislation and Rights

The implications of this ruling are significant, potentially influencing future legislative decisions and the broader national debate on gun control and rights.

As the DOJ prepares to appeal, the legal community and gun rights advocates will closely watch the developments, which could set important precedents for similar cases nationwide.

This case not only challenges specific regulatory actions but also tests the limits of executive authority on gun control measures.

Conclusion: A Significant Milestone for Gun Rights Advocacy

In conclusion, the vacating of the ATF's pistol brace ban by the United States District Court marks a pivotal moment in the ongoing debate over gun rights and regulation in America. The Firearms Policy Coalition's successful legal challenge in Mock v. Garland showcases the effectiveness of coordinated legal action and community support in opposing what they perceive as governmental overreach. This victory, however, is just one part of a larger battle, with implications that will likely influence future legal and legislative endeavors in the realm of firearms regulation.

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