FPC and FPCAF File Summary Judgment Brief in Lawsuit Challenging ATF Pistol Brace Rule

Gun News

FT. WORTH, TX (November 15, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of their motion for summary judgment in Mock v. Garland, their lawsuit challenging ATF’s pistol brace rule. The motion follows the Fifth Circuit determining that the rule is likely illegal and remanding the lawsuit back to the district court, which issued a preliminary injunction in October. The motion can be viewed at FPCLegal.org.

“The Final Rule violates the APA because it is not a logical outgrowth of the Proposed Rule, exceeds the Agencies’ statutory authority, is arbitrary and capricious, and violates rights and powers protected and established under the U.S. Constitution,” argues the motion. “Each of these would independently be enough for this Court to vacate the Final Rule. Taken together, they demonstrate blatant disregard for the obligations placed upon them by Congress when promulgating rules and regulations that operate to impose potential criminal penalties on law- abiding Americans.

“Both the District Court and the Fifth Circuit have already determined that we’re likely to win this case and that ATF’s attempt to unilaterally reclassify millions of firearms and turn millions of Americans into felons overnight is likely unlawful and unconstitutional,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, and counsel for Plaintiffs in this case. “With this brief, we’ve officially begun the process of having the Court formally strike down ATF’s rule once and for all.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.

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Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.

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