May 25, 2023

BELLEVUE, WA – A federal judge in Texas has issued a preliminary injunction in a Second Amendment Foundation challenge to the Biden administration’s new “Arm Brace Rule,” granting in part our motion. The case is known as SAF, 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.

Defendants are the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Director Steve Dettelbach, the Department of Justice and Attorney General Merrick B. Garland. The complaint was filed in U.S. District Court for the Northern District of Texas, Dallas Division.

In her ruling, U.S. District Judge Jane J. Boyle writes, “The Court grants in part the Motion and issues a preliminary injunction as to Plaintiffs in this case only, pending resolution of the expedited appeal in Mock v. Garland, No. 23-10319 (5th Cir.). Upon resolution of the appeal in Mock, the Court will address the remaining relief Plaintiffs request in their Motion. If necessary, the Court will order additional briefing at that time.”

“This is a significant win,” said SAF founder and Executive Vice President Alan M. Gottlieb. “When Joe Biden took office, he immediately began weaponizing the ATF, and this new pistol brace rule is a result of that strategy. It amounts to a dramatic shift in policy, and leads us to conclude the administration is moving to change the definition of pistols fitted with these braces to be ‘rifles,’ and thus subject to the National Firearms Act. In the process, they’re turning millions of law-abiding citizens into criminals. We can’t allow that without a fight.”

“We are pleased that the Court has preliminarily enjoined ATF’s brace ban before the effective date,” said SAF Executive Director Adam Kraut. “SAF will continue to aggressively litigate this issue to prevent the erosion of constitutional rights and prevent administrative agencies from overstepping their authority.”

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