Judge Reed O’Connor Vacates ATF Pistol Brace Rule
BY Herschel Smith
6 months, 1 week ago
FPC.
FORT WORTH, TX (June 13, 2024) – Today, Firearms Policy Coalition announced a major legal victory in its Mock v. Garland lawsuit challenging the Biden Administration’s “pistol brace” ban rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF). In the decision, United States District Court Judge Reed O’Connor granted summary judgment in favor of FPC and its co-plaintiffs and issued a final judgment and order vacating the ATF’s rule. The case and opinion can be found at FPCLegal.org.
The decision can be found here.
It’s nice to see that some things still work in America.
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On June 14, 2024 at 9:42 am, Wes said:
SCOTUS kicked bump-stock “ban” to the curb today also, 6-3. I don’t care about having one, but I relish another middle-finger in the face of the administrative state. Arbitrary rulemaking by unelected 3-letter agencies is in jeopardy each time such a thing occurs.
It’s Cargill v. Garland here:
https://www.supremecourt.gov/opinions/23pdf/22-976_e29g.pdf
On June 14, 2024 at 12:55 pm, scott s. said:
Thanks for linking to the decision. It appears really the result of the 5th Circuit and the trial judge applied their decision. The rule was ordered “vacated” due to faulty rule-making so I guess Biden could restart the process and try to get the result another way.
Interesting that since the NFA was enacted as an internal revenue tax, the gov’t was arguing they shouldn’t be sued due to laws limiting the ability to sue over taxes.
On June 14, 2024 at 1:10 pm, Herschel Smith said:
Of course that’s the issue. When these decisions are made based on statutory law rather than 2A grounds, they can just go back to the drawing board.
Of course, Congress has ultimate power over this, i.e., funding. They can completely defund the ATF.
They won’t.
On June 17, 2024 at 11:10 am, Longbow said:
Scott s.,
The NFA was invalid on its face when passed, under the precedent set by the Drexel Furniture case from 1929. That was a child labor case in which the power to tax was used as the power to destroy. The US Supreme Court said that any Tax law which is so burdensome that it inhibits commerce and thus raises no revenue, isn’t a tax measure at all but a prohibition, thus null and void.
That is precisely what the NFA was, and was intended to be. Remember, gold was 35 dollars per ounce in mid 1934. A two hundred dollar tax was 5.7 ounces of gold. Calculate that today. A single shot short barreled shotgun today would cost about one hundred dollars, add the cost of 5.7 ounces of gold ($13,252) to the price and see how many of them you sell.
The entire NFA is a house of cards. It always has been. The only thing lacking to bring it tumbling down is the WILL. The Short barreled rifle/pistol brace contest terrifies fed enforcers, congressmen, and judges, because they have no logical, rational, or moral argument for their case. Fear is their only tool.