Explore The NRA Universe Of Websites

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

Wednesday, August 2, 2023

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

The National Rifle Association of America (“NRA”) announced today that it would be expediting its motion for a preliminary injunction to protect its members from the Biden Administration’s unlawful attempt to reclassify braced pistols as “rifles” subject to onerous registration requirements.

The announcement comes a day after the Fifth Circuit’s decision in Mock v. Garland, which finds the controversial “pistol brace rule” recently issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is probably unlawful under the Administrative Procedure Act (“APA”).

In an opinion issued yesterday, the Fifth Circuit agreed with what the NRA has contended from Day 1 – the Biden Administration’s Pistol Brace Rule is unlawful.

The rule seeks to rewrite the National Firearms Act (“NFA”) to make any pistol that has a stabilizing brace attached a “rifle” subject to the stringent registration and transfer requirements of the NFA. But the ATF sought to couch its sweeping rewrite of the law as a mere “interpretation” of the NFA – despite the fact that, over the course of more than a decade, the ATF has repeatedly assured law-abiding gun owners and manufacturers that adding a brace to a pistol does not transform the weapon into a “rifle.”

Thus, the ATF contradicted itself and sought to subject law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms. Even worse, the ATF sought to sidestep a barrage of negative comments for its proposed rule, including the NRA’s comments, by attempting an 11th-hour rewrite of the Pistol Brace Rule to add a poorly conceived six-factor test “considering everything from the weight of the firearm with the stabilizing brace attached to the prevalence of Youtubers’ demonstrating the likely use of the weapon,” in the words of the Fifth Circuit.

While the Fifth Circuit remanded to the district court to determine the proper scope of injunctive relief, the writing is on the wall: the Pistol Brace Rule is illegal and cannot withstand scrutiny. Further, the Fifth Circuit observed that “in certain circumstances, nationwide relief is appropriate and may be necessary for the benefit of all parties” and emphasized the need for a “consistent application of the law.” All that is left is for the lower courts to give effect to the Fifth Circuit’s clear direction.

The NRA initially backed a lawsuit by several state attorneys general in North Dakota, sought to intervene in a Texas legal action challenging the unlawful rule, and, on July 3, 2023, filed its own lawsuit against the ATF, the U.S. Department of Justice (DOJ), ATF Director Dettelbach, and U.S. Attorney General Merrick Garland (“Defendants”) seeking a preliminary injunction protecting its members from the pistol brace rule. Now, the NRA will move to ensure that its preliminary injunction motion moves on an expedited schedule, so its members may obtain relief even more quickly in light of the Fifth Circuit’s ruling. It is also appealing the denial of its motion to intervene in the Fifth Circuit – an appeal that is currently proceeding on an expedited schedule.

“The NRA fought this unlawful rule at every level – first as a supporter of a major case and then as a plaintiff at the tip of the spear,” says NRA CEO & EVP Wayne LaPierre. “This ruling sends a powerful message to NRA members and law-abiding gun owners everywhere: freedom will be preserved."

“The NRA will move swiftly to expedite its pending preliminary injunction motion, allowing the NRA and its members to quickly obtain the relief they deserve,” says William A. Brewer III, counsel to the NRA. “The Fifth Circuit’s ruling leaves little doubt that the NRA will achieve success on behalf of its members and prevail in protecting them from this unlawful overreach. All the gun rights groups who stood up to this attack on freedom should be commended.”

TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.