A U.S. district judge has ruled against a federal pistol brace ban, stating that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority.
The ruling applies to the entire ATF rule, potentially affecting millions of gun owners.
The judge found that the plaintiff’s case will likely prevail, meaning the ATF rule will likely be struck down.
Federal Judge Delivers 2nd Amendment Victory… https://t.co/Ytxthtdasa pic.twitter.com/6cAn4iMQ8o
— AnalyzingAmerica (@AnalyzAmerica) November 11, 2023
“The Court is certainly sympathetic to ATF’s concerns over public safety in the wake of tragic mass shootings. The Rule ’embodies salutary policy goals meant to protect vulnerable people in our society,'” Judge Matthew Kacsmaryk wrote.
Referencing the Mock v. Garland case, Kacsmaryk said, “as explained in Garland, ‘[t]he controlling law of this case is that the Government Defendants’ promulgation of the Final Rule ‘fails the logical-outgrowth test and violates the APA’ and ‘therefore must be set aside as unlawful’ under the APA.’”
“Additionally, ATF admits the 10-year cost of the Rule is over one billion dollars … and because of the Rule, certain manufacturers that obtain most of their sales from the stabilizing braces risk having to close their doors for good,” the order read.
The ruling was welcomed by pro-Second Amendment groups.
The ATF rule mandates that owners of braces take one of five steps, including turning in the entire firearm with the attached brace to the agency.
Gun rights groups have been critical of the ATF rule, calling it unconstitutional and an overreach of executive authority.
