AUG 1: 5th Circuit Federal Appeals Court: Biden’s ATF Pistol Brace Rule UNCONSTITUTIONAL…

73Chall said:
Aug 1, 2023

Video - 5th Circuit Federal Appeals Court finds Biden's ATF’s pistol-brace rule likely unconstitutional and thus approves injunction:

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I didn’t understand it that way. I understood they are ordering the lower court to review the plaintiff’s case within 60 days.

No?
 
Here are the factors I think are important (maybe so, maybe not):
Footnote 59:
Because plaintiffs are likely to succeed on the merits of their APA challenge, it is unnecessary to address their constitutional claims.
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Page 38:
Plaintiffs are likely to succeed on the merits and have thus carried part of their burden to obtain a preliminary injunction. The order of the district court to the contrary is reversed.
Plaintiffs must satisfy the other preliminary injunction factors: There must be irreparable harm, and the balance of equities and the public interest must favor injunctive relief. The district court did not conduct that analysis, having erroneously found that the plaintiffs failed on the first factor.
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The present injunction is only temporarily continued to give the trial court up to 60 days to consider the injunction factors that were not initially considered.

Even after challenges related to the Administrative Procedures Act are resolved, constitutional challenges will remain.
 
Jeppo said:
I didn’t understand it that way. I understood they are ordering the lower court to review the plaintiff’s case within 60 days.

No?
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This is correct. The higher court told the lower court “ we disagree with your choice on preliminary injunction. Here’s why. Review the case again and re-rule by 60 days”
 
Chdamn said:
Yeah. He just banned bump stocks.
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Which was also ruled a BS ban if I remember correctly.

But if this gets overturned. Everyone who ran for the free stamp helped the AFT make the nicest list
 
B00ger said:
So, is this another "Look we won! We dont have to register!" threads that is really "They are doing some stuff, but nothing has changed, and nothing is ever likely to change."
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Sounds to me like we’ll know in 60 days if anything is going to change. I did like the note in the second video (I hate videos) that pointed out the 5th circuit noting that there needs to be more even application of the law… So injunctions shouldn’t just be for FPC members etc. Not that I mind supporting them or not, but it should add some clarity.
Anyway, we’ll see in October. Maybe I’ll buy a brace for my birthday.
 
Again, it all seems moot to me, because they're arguing over windows when the doors are open. Much of the rules and regs don't make sense anymore.
 
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“There is a need for consistent application of the law, and this court may not have all the required facts," Judge Jerry Smith wrote, noting that multiple other courts have issued orders against the federal registration rule since May and that it is uncertain how many people are now covered by such rulings.

The panel voted 2-1 to extend the block on enforcement for 60 days and send the case back to U.S. District Judge Reed O'Connor in Texas.

Judge O’Connor will now consider whether to block enforcement nationwide. For now, gun dealers and owners are permitted to keep owning, buying, and selling these devices, without registering them. “

www.foxnews.com

Biden’s attempt to regulate pistol braces dealt blow after appeals court casts doubt on constitutionality

A federal appeals court in New Orleans has ruled that a Biden administration regulation that restricts ownership of pistol braces is unlikely constitutional.
www.foxnews.com www.foxnews.com


This article was much easier to digest and get to the bottom line.
 
1075tech said:
The government has never been concerned about legalities when it comes to their actions.

We've investigated ourselves and found no evidence of wrongdoing
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Case in point the cocaine in the White House!

They can geolog and forensically determine every person that was at the “insurrection” on 1/6 yet can’t determine who brought the coke into the most secure building in America.
 
I filed and I still hope it gets booted, not like I‘m one of them machine gun guys with a financial interest in continued infringement (not at shot at anyone specific).
 
GymB said:
I filed and I still hope it gets booted, not like I‘m one of them machine gun guys with a financial interest in continued infringement (not at shot at anyone specific).
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Here’s the question. If you look at your approved form 1 on the last pages it states “pursuant to” the brace rule. If that rule is ruled invalid, is your form1 submission void and if you had installed a regular stock would you then be in violation of the NFA.
 
blewis3 said:
Here’s the question. If you look at your approved form 1 on the last pages it states “pursuant to” the brace rule. If that rule is ruled invalid, is your form1 submission void and if you had installed a regular stock would you then be in violation of the NFA.
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You’re asking a very specific question when we know only very broad facts, so in short there is no way to know. Think of it like this, the whole rule could get tossed, parts of it could get tossed, or all or parts could be sent back to the agency for clarification or correction. In the midst of that there will be a variety of motions filed and probably injunctions issued. We know nothing about how any of that will go, so it’s impossible to answer your question with a reasonable level of certainty.

My guess is that they don’t invalidate the entire rule, they leave the “amnesty” option alive so that anyone that did file doesn’t now have to do anything else. OTOH, they could toss it all and then folks just file to have the item removed (well marked no longer active) from the registry and put a brace on it.

I feel good that they aren’t looking for a “gotcha” for the average person in this, just trying to get out of it with their own skin intact.
 
blewis3 said:
Here’s the question. If you look at your approved form 1 on the last pages it states “pursuant to” the brace rule. If that rule is ruled invalid, is your form1 submission void and if you had installed a regular stock would you then be in violation of the NFA.
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If thats true, then the ATF has placed itself in a situation then.
 
GymB said:
You’re asking a very specific question when we know only very broad facts, so in short there is no way to know. Think of it like this, the whole rule could get tossed, parts of it could get tossed, or all or parts could be sent back to the agency for clarification or correction. In the midst of that there will be a variety of motions filed and probably injunctions issued. We know nothing about how any of that will go, so it’s impossible to answer your question with a reasonable level of certainty.

My guess is that they don’t invalidate the entire rule, they leave the “amnesty” option alive so that anyone that did file doesn’t now have to do anything else. OTOH, they could toss it all and then folks just file to have the item removed (well marked no longer active) from the registry and put a brace on it.

I feel good that they aren’t looking for a “gotcha” for the average person in this, just trying to get out of it with their own skin intact.
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In the meantime, do not throw away the brace and do not spent a lot on a pricy stock.
 
GymB said:
I feel good that they aren’t looking for a “gotcha” for the average person in this, just trying to get out of it with their own skin intact.
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Its still an antagonistic agency that needs to be done away with. They view normal people who wish to exercise their inherent rights as the enemy.
 
blewis3 said:
In the meantime, do not throw away the brace and do not spent a lot on a pricy stock.
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I’ve got this shopping cart with buffer tubes and stocks in it just sitting there waiting. I’m probably going to SBR them anyway, if the rule gets overturned it’s easy enough to get a pistol.

noway2 said:
Its still an antagonistic agency that needs to be done away with. They view normal people who wish to exercise their inherent rights as the enemy.
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Be careful what you wish for, better them than shutting it down and having homeland pick it all up.
 
If someone sent in and received an approved Form 1 for their braced pistol, what does that person have to do if they wanted to sell or trade their pistol? Before the Form 1, it was just like any other pistol. How about now?
 
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