The Fifth Circuit Court has issued an injunction against the ATF's pistol brace rule in the case of Mock v. Garland. This injunction provides relief from the rule for members of the Firearm Policy Coalition (FPC), their families, and Maxim Defense customers. The relief is in effect until the case is fully settled and also applies to new FPC members.
The Fifth Circuit Court has issued an injunction against the ATF's pistol brace rule in the Mock v. Garland case. This injunction provides relief for Firearm Policy Coalition (FPC) members, their families, and Maxim Defense customers until the case is settled. New FPC members are also covered.
The Supreme Court denied review in US v. Peterson, a case challenging the National Firearms Act (NFA) as applied to suppressors. The Fifth Circuit's ruling, which upheld the NFA by likening it to a 'shall issue' licensing scheme, now stands as precedent in that circuit. This decision has significant implications for future Second Amendment challenges to firearms regulations, potentially allowing broader government control over protected arms under the guise of objective licensing.
The Department of Justice (DOJ) and ATF are reportedly revisiting and revising the 'frames and receivers' rule and the 'engaged in the business' rule. This follows the DOJ voluntarily dismissing its appeal in a Fifth Circuit case against the ATF, indicating the current rules are on shaky legal ground. A new notice of proposed rulemaking is expected, suggesting a strategic retreat by the government to avoid a definitive court loss and to re-attempt regulation with a revised approach.
The US v. Peterson case challenges the NFA's suppressor restrictions, arguing it violates the Second Amendment. The Fifth Circuit upheld the NFA by likening it to a 'shall issue' licensing regime, a reasoning now being contested. The Supreme Court is considering the case, with amicus briefs filed urging review, and the DOJ has waived its right to respond, creating procedural uncertainty.
