Another judge halts ATF pistol brace rule before registration deadline.

A new Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) rule that makes pistol stabilizing braces subject to the National Firearms Act of 1934 has been met with opposition. A second federal judge has issued a preliminary injunction against the enforcement of this rule.

What Happened?

U.S. District Judge Jane Boyle granted a preliminary injunction against the rule in the Second Amendment Foundation’s lawsuit, SAF et al. v. ATF et al. The case is filed in the U.S. District Court for the Northern District of Texas in Dallas.

Boyle put the case on hold pending action in a separate but related case, Mock v. Garland. The judge in that case denied plaintiffs an injunction on the ATF rule but granted a partial injunction while they prepared an expedited appeal of that ruling.

Lawyers for one of the plaintiffs, the Firearms Policy Coalition, have asked the court to clarify whether the injunction applies only to their case or if it is nationwide. According to the FPC website, the court will hear oral arguments in Mock v. Garland on June 29, 2023. FPC did not return a call seeking comment.

What’s Next?

Boyle decided to wait for that ruling. “The Court grants in part the motion and issues a preliminary injunction as to Plaintiffs in this case (SAF et al. v ATF et al.) only, pending resolution of the expedited appeal in Mock v. Garland. Upon resolution of the appeal in Mock, the court will address the remaining relief plaintiffs request in their motion,” Boyle’s decision reads.

Joining the Foundation as plaintiffs are Samuel Walley, William Green, and Rainier Arms, LLC. They are suing the ATF, ATF Director Steve Dettelbach, the Department of Justice, and U.S. Attorney General Merrick Garland.

Why is This Significant?

“This is a significant win. When Joe Biden took office, he immediately began weaponizing the ATF, and this new pistol brace rule is a result of that strategy. It amounts to a dramatic shift in policy,” Second Amendment Foundation founder and Executive Vice President Alan M. Gottlieb wrote in a press release.

“In the process, they’re turning millions of law-abiding citizens into criminals. We can’t allow that without a fight.”

The pistol-stabilizing brace was invented in 2012 to assist the disabled and others who may need help shooting large-format pistols built on the AR.