BREAKING NEWS: The Senate Refuses to Stop ATF's Pistol Brace Rule

The US Senate voted against halting the ATF's pistol brace rule via H.J. Res. 44, which had previously passed the House. Senators Manchin and Tester voted with their party, allowing the rule to stand. Legal challenges are now the primary focus, with a significant hearing in Mock v. Garland scheduled for June 29th in the Fifth Circuit Court of Appeals. William Kirk, President of Washington Gun Law, emphasizes the importance of separation of powers, arguing Congress, not the ATF, should legislate.

Quick Summary

The US Senate voted against halting the ATF's pistol brace rule, rejecting H.J. Res. 44. Key senators Manchin and Tester voted with their party. The focus now shifts to legal challenges, with a significant hearing in Mock v. Garland scheduled for June 29th in the Fifth Circuit Court of Appeals.

Chapters

  1. 00:00Senate Vote on Pistol Brace Rule
  2. 00:38H.J. Res. 44 Legislative History
  3. 01:42Analysis of Key Senate Votes
  4. 02:40Constitutional and Separation of Powers Concerns
  5. 03:42Future Legal Challenges: Mock v. Garland

Frequently Asked Questions

Did the US Senate stop the ATF's pistol brace rule?

No, the US Senate voted against halting the ATF's pistol brace rule. They rejected House Joint Resolution 44, which was intended to block the regulation, allowing the ATF's rule to remain in effect.

What is the significance of the Mock v. Garland case?

Mock v. Garland is a significant legal challenge to the ATF's pistol brace rule. With the legislative path closed, this case, with a key hearing in the Fifth Circuit Court of Appeals on June 29th, is now the primary focus for potentially striking down the rule.

Why is separation of powers relevant to the pistol brace rule vote?

The principle of separation of powers suggests that Congress, not executive agencies like the ATF, should be responsible for creating laws. Supporters of H.J. Res. 44 argued that voting for it upheld this principle, regardless of one's stance on pistol braces themselves.

Which senators' votes were crucial for the pistol brace rule resolution?

Senators Joe Manchin (D-WV) and Jon Tester (D-MT) were identified as potential Democratic crossovers whose votes could have helped pass H.J. Res. 44. However, both ultimately voted with their party, leading to the resolution's failure.

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