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The Range
NFA & Class III Discussion
Anyone register a pistol brace?
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<blockquote data-quote="Perplexed" data-source="post: 4106680" data-attributes="member: 7157"><p>It’s a bit confusing, but essentially, the Fifth Circuit issued a preliminary injunction at the beginning of August, to run for 60 days, protecting the plaintiffs (SAF and GOA, basically) and their members from ATF enforcement of the arm brace <em>rule</em> (not law!) Then the Fifth Circuit said the ATF had violated the APA, and remanded the case (<em>Mock v. Garland</em>) back to the district court judge to reconsider the motion for a preliminary injunction against the ATF, presumably to be effective for the duration of the case. The Fifth Circuit also noted that preventing the ATF from enforcing the rule against some, but not all, of the US population that owns arm braces could create a very confusing situation (hint: make the preliminary injunction effective for <em>all</em> arm brace owners, not just members of the plaintiff groups.) So the case is back at the district court level, while both parties prepare for the next round of arguments before the original district judge. The prevailing sentiment is that the plaintiffs have a compelling argument, so the district judge will be under pressure to rule accordingly. Now we wait and see what happens there.</p><p></p><p>If I got any of that wrong, please feel free to correct me.</p></blockquote><p></p>
[QUOTE="Perplexed, post: 4106680, member: 7157"] It’s a bit confusing, but essentially, the Fifth Circuit issued a preliminary injunction at the beginning of August, to run for 60 days, protecting the plaintiffs (SAF and GOA, basically) and their members from ATF enforcement of the arm brace [I]rule[/I] (not law!) Then the Fifth Circuit said the ATF had violated the APA, and remanded the case ([I]Mock v. Garland[/I]) back to the district court judge to reconsider the motion for a preliminary injunction against the ATF, presumably to be effective for the duration of the case. The Fifth Circuit also noted that preventing the ATF from enforcing the rule against some, but not all, of the US population that owns arm braces could create a very confusing situation (hint: make the preliminary injunction effective for [I]all[/I] arm brace owners, not just members of the plaintiff groups.) So the case is back at the district court level, while both parties prepare for the next round of arguments before the original district judge. The prevailing sentiment is that the plaintiffs have a compelling argument, so the district judge will be under pressure to rule accordingly. Now we wait and see what happens there. If I got any of that wrong, please feel free to correct me. [/QUOTE]
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