The new pistol brace restriction instituted by the Biden administration that made millions of innocent people criminals was blocked by a federal court in Texas. The judge has ordered an injunction prohibiting the ATF from implementing the prohibition.
Judge Matthew Kacsmaryk of the United States District Court ruled that the activities of unelected bureaucrats seeking to establish laws through rules rather than enforce existing gun laws were unconstitutional. Specifically, he put an immediate halt to their work involving gun bracing.
This year, the ATF passed a rule intended to fine people who owned pistols modified with a brace but had not reclassified them as short-barrel rifles. They declared the gun brace must be destroyed if the $200 tax stamp is not paid or registered with the authorities. The citizens of the 21 states with SBR restrictions must decide whether to relinquish or destroy their pistol-braced guns.
Britto v. ATF was filed by the Wisconsin Institute for Law and Liberty (WILL) on behalf of three distinguished Marine veterans who claimed the rule violated their right to keep and bear arms.
In this, Kacsmaryk joined the consensus. He said that the law would put an undue financial burden on gun owners and companies making pistol braces.
He also noted that ATF has acknowledged that the rule would cost over a billion dollars over a decade. The rule also poses an existential threat to several businesses whose primary source of income is stabilizing braces.
The judge acknowledged the horrific mass shootings and indicated that the court shares ATF’s worries about public safety but highlighted that these issues must be handled legitimately.
Kacsmaryk reasoned that this rule is not.
The Fifth Circuit Court of Appeals ruled in August that the ATF’s regulation would likely fail constitutional scrutiny; therefore, Kacsmaryk is not the first court to issue an injunction or criticize the agency for doing so. The Texas judge is the first to rule that an injunction on pistol braces must apply to all owners, not just those who brought the suit.