Federal Court Issues Injunction in Lawsuit Over ATF Pistol Brace Rule

Second Amendment rights advocates are cautiously optimistic after the Fifth Circuit Court granted what appears to be a limited injunction against a rule outlawing pistol stabilizing braces on May 23.

The court specified its order was for the parties in Mock v. Garland, the lawsuit filed by the Firearms Policy Coalition (FPC), William Mock, Christopher Lewis, Maxim Defense Industries, LLC, against Attorney General Merrick Garland, U.S. Department of Justice, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and ATF Director Stephen Dettelbach.

The plaintiffs filed a motion requesting clarification on whether the injunction covers only the plaintiffs or if it is blocking the ATF rule nationwide. The court had not ruled on that request by press time.

According to the FPC website, the court will hear oral arguments on June 29. FPC did not return a call seeking comment.

Gun rights advocates celebrated the development.

Erich Pratt, senior vice president for Gun Owners of America, in an interview on NTD’s Capitol Report on May 28, 2022. (NTD/Screenshot via The Epoch Times)

“This is an encouraging step from the Fifth Circuit, and we hope that the judge in our own case will see this ruling and, in turn, grant a more robust injunction to relief the millions of Americans nationwide who may soon be in legal jeopardy,” said Erich Pratt, Gun Owners of America (GOA) senior vice president.

GOA, the Gun Owners Foundation, and Texas Attorney General Ken Paxton have sued the ATF, Dettelbach, and the U.S. Department of Justice in the U.S. District Court for the Southern District of Texas. That 152-page lawsuit takes the ATF rule apart, explaining why GOA believes the rule is unconstitutional.

On May 31, the ATF’s 120-day amnesty period for owners of the braces will end. Pistol brace owners who don’t destroy, register, or surrender the braces to the government by the deadline will possess contraband and be subject to arrest, according to the ATF.

Aidan Johnston, GOA’s Director of Federal Affairs, praised the ruling but said Congress is the only entity that can truly resolve this issue.

Brace Invented in 2012

“This injunction is welcome news, but due to its limited nature, we still need Congress to act before the June 1st deadline, Johnston said. “189 Representatives and 47 Senators have already signed on, and we urge the Speaker to put this on the floor for a vote and force Democrats in both chambers to vote on whether to make their constituents felons overnight.”

The pistol-stabilizing brace was invented in 2012 to assist the disabled and others who may need help shooting large-format pistols built on the AR-15 and similar platforms. The stabilizing brace attaches to the rear of the pistol and the shooter’s forearm. This allows the shooter a steadier aim while holding the pistol with one hand.

The ATF issued several open letters stating the braces did not change pistols into short-barreled rifles (SBR). However, the rule published last January said that changes in the braces’ design and videos on how to use them make clear that the items convert the large format pistols into prohibited SBRs.

Estimates on how many gun owners are affected range from 3 million to 40 million.