FPC and FPCAF File Appellate Response Brief in Lawsuit Challenging ATF Pistol Brace Rule

Gun News

NEW ORLEANS (March 22, 2024) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of its response brief with the Fifth Circuit Court of Appeals in their Mock v. Garland lawsuit, which challenges ATF’s Pistol Brace Rule. The brief can be viewed at FPCLegal.org.

“In sum, the district court correctly evaluated the irreparable-harm, balance-of-harms, and public-interest factors, which all weighed strongly in Plaintiffs’ favor,” argues the brief. “The Court should affirm the district court’s preliminary injunction ruling, and enter a universal injunction that prevents the Agencies from enforcing the Final Rule.”

“ATF is yet again defending its failed gun control agenda before the Fifth Circuit–this time attempting to erase the injunction we have already secured against its unlawful and unconstitutional Pistol Brace Rule,” said Cody J. Wisniewski, FPCAF’s President and Chief Executive Officer, and counsel for Plaintiffs in this case. “In this brief, we address exactly why the Fifth Circuit should again rule against ATF and continue preventing the agency from enforcing the Pistol Brace Rule. In fact, we argue the Circuit should completely prevent enforcement of the Rule against any and all individuals and entities until this case comes to a final resolution.”

Plaintiffs in this case are two individual FPC members, Maxim Defense, and FPC. FPCAF represents the Plaintiffs, alongside Benbrook Law.

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Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can learn more at FirearmsPolicy.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.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)(4) nonprofit membership 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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