Three Injunctions Now Block ATF’s Pistol Brace Ban, Protecting Members of Three Gun Rights Orgs

Last night, Fifth District Court Judge Drew Tipton issued an injunction blocking the ATF’s enforcement of its pistol brace rule that goes into effect today. As with an earlier Fifth Circuit ruling in Mock v. Garland blocking enforcement against Firearms Policy Coalition members, Judge Tipton’s order in Texas v. ATF applies to the named plaintiffs in the lawsuit. In this case, that includes all employees of the state of Texas and current members of Gun Owners of America.

GOA’s Erich Pratt said . . .

This assault on millions of Americans was just the latest example of President Biden trying to weaponize the DOJ against law-abiding gun owners, and we doubt it will be the last. We are incredibly grateful to Judge Tipton for hearing the pleas of our members who were facing serious prosecution simply for owning a piece of plastic – all because of an arbitrary reclassification by the ATF. GOA and our millions of members nationwide will continue to fight back against this rogue anti-gun administration at every turn in defense of our rights.

Tipton’s order followed another injunction issued yesterday in the case of SAF v. ATF. A clarification issued at the request of the Second Amendment Foundation means that all members of the Second Amendment Foundation are covered under that order blocking ATF enforcement.

Here’s a statement from SAF . . .

A federal judge has clarified the scope of an injunction in a Second Amendment Foundation challenge to the Biden administration’s new “Arm Brace Rule.” The case is known as SAF, et.al. v. ATF, et. al.

SAF is joined in the case by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston, Texas.

In her prior order granting the preliminary injunction, U.S. District Judge Jane J. Boyle wrote, “The Court grants in part the Motion and issues a preliminary injunction as to Plaintiffs in this case only,” leaving a question as to whether the injunction applied to members of SAF. Late yesterday, SAF filed a motion to clarify the scope of the injunction. Today, Judge Boyle clarified the prior order with a new order and in a docket entry which stated, “The Court confirms that its Preliminary Injunction Order applies to both the Second Amendment Foundation, Inc. and its members.”

“SAF has received numerous inquiries from individuals as to whether the injunction covered our members,” said SAF Executive Director Adam Kraut. “Our attorney had attempted to reach an understanding with the government as to the scope of the injunction and coverage of our members. When it became apparent that the parties were not seeing eye to eye on the matter, despite the 5th Circuit’s clarification in another case on this exact point, we asked the court for clarification. We are pleased to see that Judge Boyle agrees with our interpretation and that our members are indeed protected under this injunction.”

SAF offers several different tiers of memberships which are available at https://www.saf.org/join-saf/. Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon date of receipt.

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About the Author: Patriotman

Patriotman currently ekes out a survivalist lifestyle in a suburban northeastern state as best as he can. He has varied experience in political science, public policy, biological sciences, and higher education. Proudly Catholic and an Eagle Scout, he has no military experience and thus offers a relatable perspective for the average suburban prepper who is preparing for troubled times on the horizon with less than ideal teams and in less than ideal locations. Brushbeater Store Page: http://bit.ly/BrushbeaterStore

3 Comments

  1. Rusty June 1, 2023 at 08:48

    “We love our law enforcement, don’t we folks?”

  2. Greg R June 1, 2023 at 09:29

    I joined the @real_constitution by being born in these United States and have been robbed of tens of thousands of $’s to maintain my citizenry in America. I’m pretty certain the 2nd Amendment is still there and I’ll be dammed if I’ll join a club just to stick my tongue out at the BATF. Screw that. I appreciate the fight that they and their members make to fight to maintain that right, and I have/do support some of the same. Flashing a membership card in order to prevent jail, fines, and firearm confiscation is asinine.

    Join these organizations because you want to fight and not because you think it gives you a “get out of jail card.”

    • Patriotman June 1, 2023 at 10:08

      How about you join because they are actually fighting in the courts and put your money where your second amendment mouth is in order to support the people fighting the fight for us?

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