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Y’all catch the pistol brace rule update today?
Posted on 10/3/23 at 5:52 pm
Posted on 10/3/23 at 5:52 pm
5th Circuit Judge ruled in favor of the plaintiffs (FPC, GOA, etc.) to extend the injunction relief.
Injunction relief was extended for those guys and their members/customers. Non-members are not part of the injunction.
Tom Grieve Updates Us
Lot of good stuff.
Injunction relief was extended for those guys and their members/customers. Non-members are not part of the injunction.
Tom Grieve Updates Us
Lot of good stuff.
This post was edited on 10/3/23 at 5:58 pm
2
Posted on 10/3/23 at 6:01 pm to finchmeister08
Ok tell me like I'm 7 months old here
Posted on 10/3/23 at 6:04 pm to finchmeister08
quote:
Injunction relief was extended for those guys and their members/customers. Non-members are not part of the injunction.
Good for them, but it's bullshite that it doesn't apply to everyone.
Posted on 10/3/23 at 6:06 pm to Bama and Beer
quote:
k tell me like I'm 7 months old here
The ATF doesn’t get to make laws
Posted on 10/3/23 at 6:06 pm to kengel2
quote:
Good for them, but it's bullshite that it doesn't apply to everyone.
It is BS, but it also shows why it’s so important to donate to organizations like this.
Posted on 10/3/23 at 6:22 pm to kengel2
The injunction extension was granted for the plaintiffs (FPC, GOA, etc.). If you want to be a part of that injunction and use your brace out in public without fear of persecution, become a member.
Reason for ruling:
ATF’s APA violation:
- ATF did not publish a notice of the final rule meaning the final rule was not a variant of the point system that was announced back in ‘21/‘22.
To keep the ATF from rescinding and republishing the current rule with a notice of said rule coming beforehand, he through in the 2A argument. This essentially creates an obstacle for the ATF to basically restrict them from causing a loop (Groundhog Day) event with all of these court cases again.
Bruen and Heller was cited saying that pistol braces are in common use and that they’re not dangerous and unusual.
Therefore, injunction was extended. Tom Grieve says that most of the time, if an injunction is granted, the final court ruling will match it. So, become an FPC member.
Reason for ruling:
ATF’s APA violation:
- ATF did not publish a notice of the final rule meaning the final rule was not a variant of the point system that was announced back in ‘21/‘22.
To keep the ATF from rescinding and republishing the current rule with a notice of said rule coming beforehand, he through in the 2A argument. This essentially creates an obstacle for the ATF to basically restrict them from causing a loop (Groundhog Day) event with all of these court cases again.
Bruen and Heller was cited saying that pistol braces are in common use and that they’re not dangerous and unusual.
Therefore, injunction was extended. Tom Grieve says that most of the time, if an injunction is granted, the final court ruling will match it. So, become an FPC member.
Posted on 10/3/23 at 6:49 pm to finchmeister08
If I join now, I will be grandfathered in to the injunction?
Posted on 10/3/23 at 7:15 pm to kengel2
quote:
Good for them, but it's bullshite that it doesn't apply to everyone.
I haven’t read it, but it’s probably something legal like they are technically the only ones who asked for relief so the court granted it to them.
Posted on 10/4/23 at 1:25 am to BigBinBR
there's also this... looks like the NFA might be up next.
Posted on 10/4/23 at 8:07 am to Success
quote:
If I join now, I will be grandfathered in to the injunction?
How can a court rule that it is legal for a “club” or group to own a pistol brace but not citizens outside this group or club? It’s either constitutional or it’s not.
Posted on 10/4/23 at 8:49 am to kengel2
quote:Especially the strong language by the court on the nature of the guns. But given that this is only injunctive, I get it. A final determination would likely be different.
it's bullshite that it doesn't apply to everyone.
Posted on 10/4/23 at 9:18 pm to Success
According to the video, you will be covered if you join today.
Posted on 10/5/23 at 8:41 am to Kapitan
Y'all should already be members of the FPC anyhow.
Posted on 10/5/23 at 9:11 am to wryder1
quote:
It’s either constitutional or it’s not.
The scope of the injunction and constitutionality are procedurally different issues. Constitutionality will be an issue before the court when the case is heard on the merits. Right now, all that's before the 5th Circuit is review as to whether the trial court should have granted the injunction against enforcement brought by specific plaintiffs. The injunction does signal the 5th Circuit views the plaintiffs as having a likelihood of success on the merits (which would likely include a ruling on Constitutionality) but it doesn't presently have jurisdiction to rule on the merits. Has to work through trial court and then up to 5th Circuit.
IMO if the plaintiffs win at trial the Gov't won't even appeal bc it will be preferable to them to have bad precedent from a District Court than from the 5th Circuit. Will still be precedent but won't be controlling over the whole 5th Circuit or as persuasive with other Courts of Appeal.
Posted on 10/5/23 at 9:24 am to Putty
Also, Maxim defense is also a plaintiff in this case so all of their products are covered. I only have their stuff.
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