FPC, FPCAF File Brief in ATF Pistol Brace Rule Appeal
NEW ORLEANS – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of their brief with the Court of Appeals for the Fifth Circuit in Mock v. Garland, their lawsuit challenging the ATF’s Pistol Brace Rule. The brief defends the Organizations’ victory at the district court and asks the Fifth Circuit to uphold that victory. The brief and other case documents, including the district court’s final judgment vacating the rule, can be viewed at firearmspolicy.org/mock.
“The district court correctly held that the Final Rule is arbitrary and capricious because the Agencies reversed a longstanding position without meaningful explanation and drafted a rule with vague standards,” argues the brief. “The Final Rule also violates the Second Amendment because it lacks sufficient historical support to survive the test set forth in New York State Rifle & Pistol Association v. Bruen. And by legislating where Congress chose not to, the Agencies defied the Constitution’s structural protections set forth in the Take Care Clause and articulated in the Delegation Doctrine.”
“We are proud to defend American gun owners in this important appeal. The ATF’s pistol brace ban is clearly unlawful and the government continues to lose this case, yet the Biden-Harris administration refuses to end its assault on you and your rights. The Fifth Circuit should affirm the district court’s judgment and stop this insane government overreach without delay,” said FPC President Brandon Combs. “As we’ve done in other cases, we will take this case to the Supreme Court if needed to end the government’s immoral enforcement of an unconstitutional regulation.” Read more