Over the past week, there’s been a rapid succession of legal decisions regarding the Biden administration’s ban on pistol braces.
In Washington D.C., Judge Drew B. Tipton took center stage, hitting pause on the new rule. Gun Owners of America (GOA), the Gun Owners Foundation (GOF), and the State of Texas were behind this legal push.
This ruling not only covers all GOA members but also extends to anyone working directly for Texas and its agencies.
Erich Pratt, GOA’s Senior VP, dubbed this move an “assault” by Biden on gun owners, while GOF’s Sam Paredes hailed their partial halt of the rule as a message to anyone infringing on the Second Amendment.
“While Congress was slow to act on this wide-reaching rule, GOF stepped in to defend the millions of Americans facing legal jeopardy,” said Paredes in a press release obtained by GunsAmerica. “We are proud to have helped partially halt this rule, and hope it sends a message to anti-gunners hellbent on continuing the assault on the Second Amendment.”
Are You Covered?
| Lawsuit | Judge/Court | Organization | Who is Covered |
|---|---|---|---|
| GOA, GOF vs. ATF | Drew B. Tipton | Gun Owners of America (GOA) | GOA members, Texas state employees |
| SAF vs. ATF | Jane J. Boyle | Second Amendment Foundation (SAF) | SAF members |
| Mock v. Garland | 5th Circuit | Firearms Policy Coalition (FPC) | FPC members, Maxim Defense’s customers, individual plaintiffs’ resident family members |
Meanwhile, over in Bellevue, WA, the Second Amendment Foundation (SAF) was busy challenging Biden’s Arm Brace Rule as well.
Along with Rainier Arms, LLC and two private citizens, they succeeded in clarifying a preliminary injunction by Judge Jane J. Boyle. To their relief, the injunction indeed covers SAF members.
“SAF has received numerous inquiries from individuals as to whether the injunction covered our members,” said SAF Executive Director Adam Kraut.
“We are pleased to see that Judge Boyle agrees with our interpretation and that our members are indeed protected under this injunction,” he added.
But the action doesn’t stop there. Down in New Orleans, the Firearms Policy Coalition (FPC) secured a win with the 5th Circuit Court in the Mock v. Garland case last week. The court confirmed that the injunction covers FPC’s members, Maxim Defense’s customers, and the plaintiffs’ resident family members.
Not Covered? Here’s What ATF Wants You To Do To Avoid Becoming A felon
Gun owners who are not covered by one of the injunctions could face felony prosecution. Possession of a short-barreled rifle without an appropriate tax stamp is prohibited under federal law.
Violation of these provisions can result in imprisonment for up to 10 years and/or a fine of up to $250,000 for individuals, or $500,000 for organizations, per the ATF.
In a social media post this month, the ATF presented comprehensive compliance options if the firearm with the stabilizing brace is classified as a short-barreled rifle under the Gun Control Act (GCA):
- Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm.
- Permanently remove and dispose of, or alter, the “stabilizing brace” so that it cannot be reattached.
- Turn the firearm into your local ATF office.
- Destroy the firearm.
- Register the firearm tax-free by May 31, 2023.
Important note: Simply removing the brace from the firearm is not sufficient, as GunsAmerica previously reported.
Conclusion
It’s been a big week for pro-gun organizations standing tall against an overreaching and unjust ban.
As they continue their battle, your support can make a difference. Consider joining or donating to SAF, GOA, and FPC to help safeguard gun rights. And stay tuned for updates, as the fight will no doubt rage on.