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

Gun News

FORT WORTH, Texas (January 17, 2024) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of a combined opposition and reply brief in their Mock v. Garland lawsuit, which challenges ATF’s pistol brace rule. The brief, which both supports the groups’ motion for summary judgment and opposes the government’s motion for summary judgment, can be viewed at FPCLegal.org.

“The ultimate resolution of this motion—and, therefore, this case—is straightforward,” argues the brief. “The Court has already recognized that the Fifth Circuit’s ruling establishes ‘that Plaintiffs have demonstrated, a fortiori, an actual success on the merits of their APA challenge to the Final Rule.’ Law of the case bars Defendants’ efforts to relitigate what the Fifth Circuit has already decided. Accordingly, summary judgment must be entered in Plaintiffs’ favor. And because the Final Rule is invalid, Fifth Circuit precedent compels that the Final Rule be vacated.”

“Both the District Court and the Fifth Circuit have already recognized that ATF’s Pistol Brace rule is unlawful, now it is just up to the Court to enter final relief and throw it into the dustbin of history once and for all,” said Cody J. Wisniewski, FPCAF’s Vice President and General Counsel, and counsel for Plaintiffs in this case. “ATF has already lost this case, and now that briefing is coming to a close, we look forward to the Court ruling in our favor and ending this attack on the natural and constitutionally protected rights of millions of peaceable individuals.”

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these 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, X (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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