The gun rights organization brought the case of Mock v. Garland, which will now go before the Fifth Circuit U.S. Court of Appeals. Just over two months ago, Judge Reed O’Connor set aside the controversial pistol brace rule established by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In his summary judgment, O’Connor concluded the agency ignored the Administrative Procedures Act (APA) and assumed lawmaking powers for itself in redefining a “machine gun.”
The ATF determined that semi-automatic pistols equipped with popular stabilizer braces are in fact machine guns. This brings them under the auspices of the National Firearms Act of 1934 and all but makes them illegal to own.
Notably, the Fifth Circuit ruled against another contentious ATF decision early last year. That time, it was the bump stock ban, and the appeals court decided in favor of gun rights advocates.
After June’s victory, the FPC declared that it was willing to take the fight all the way to the top.
“Today’s order shows that our community can take on an immoral government and win. FPC members should be proud of what was accomplished today,” group President Brandon Combs said. “We look forward to defending this victory on appeal and up to the Supreme Court.”
Second Amendment advocates charge that pistol braces in no way convert an ordinary weapon into a machine gun.
The simple devices were invented more than a decade ago to assist disabled veterans in continuing to participate in sport shooting. However, they became the target of yet another Washington overreach, and the fight will move forward through the appeals process.
As is almost always the case, a debt of gratitude is due to the FPC and similar organizations for standing up to the powerful in defense of ordinary citizens’ Second Amendment rights.
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