ATF Pistol Brace Ban VACATED By Court

Daniel Y
by Daniel Y

Once again, we have a story about an ATF regulation being stopped by a judge. The ATF brace ban is now dead thanks to a judge in Texas. Let's dig into the opinion and see what it says.


Laws & Regulations @ TFB:


By way of recap, the ATF brace ban was previously blocked. But that order was only a preliminary injunction, which blocked the rule from taking effect while the case was still in court. That kind of an early win is a good signal for how the rest of the case may go but is not the end of the road.


The most recent opinion and order comes out of a motion for summary judgment. The "MSJ" is a motion filed before a trial that asks the court to make a decision on the facts that are already admitted. A judge takes the record as it exists and makes a legal decision. Both the plaintiffs (Firearm Policy Coalition and others) and respondents (ATF) filed motions for summary judgment requesting that the court decide the case in their favor.

Well, Judge Reed O'Connor decided those motions, and it did not for well for the ATF. Judge O'Connor found

  1. The final rule was not a logical outgrowth of the proposed rule
  2. How ATF adapted the final rule was arbitrary and capricious
  3. The court did not need to address any other arguments because the first two points were enough to resolve the case


What happens now? ATF will likely appeal, but we will have to wait and see. For now, pistol braces are back and look likely to remain that way.

Daniel Y
Daniel Y

AKA @fromtheguncounter on Instagram. Gun nerd, reloader, attorney, and mediocre hunter. Daniel can still be found on occasion behind the counter at a local gun store. When he is not shooting, he enjoys hiking, camping, and rappelling around Utah.

More by Daniel Y

Comments
Join the conversation
2 of 9 comments
  • Ryan Ryan on Jun 18, 2024

    What kind of “pistol brace” is that on the shorty CAR-15?

  • Lawraven Lawraven on Jun 18, 2024

    So is it now safe to restore my pistol length barrels onto my arm brace lowers or should I just wait for the Supreme Court?

Next