You’ll Never Guess What The Fifth Circuit Court Did

In a major victory for Second Amendment advocates, a federal appeals court has issued a temporary block on the Biden administration’s new regulations targeting pistols with stabilizing braces. These gun accessories, which President Biden has labeled as “especially dangerous,” were at the center of controversy due to their alleged involvement in several mass shootings.

The Fifth Circuit Court of Appeals delivered a resounding blow to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by granting an injunction against the enforcement of the rule. Gun owners and Second Amendment groups, who swiftly filed a lawsuit challenging the regulation, breathed a collective sigh of relief.

The court’s decision comes just days before the May 31 deadline for individuals to register their pistol braces, dispose of them, or detach them from their firearms under the threat of fees.

The plaintiffs in the case argued that the stabilizing brace rule violates the Constitution, as it compels millions of law-abiding gun owners to register their weapons.

The Firearms Policy Coalition (FPC), one of the prominent plaintiffs, unequivocally labeled the regulation as “onerous and unconstitutional.” FPC pursued the case in the Fifth Circuit after a Texas judge initially declined to halt the enforcement of the rule.

President Biden introduced the stabilizing brace rule as part of his comprehensive gun crime strategy, which was unveiled in April 2021 in response to the tragic shooting at a grocery store in Boulder, Colorado. The shooter in that incident utilized a firearm equipped with a stabilizing brace, resulting in the loss of 10 innocent lives. Another mass shooting in Dayton, Ohio, in 2019 also involved the use of a stabilizing brace, claiming nine lives.

According to the ATF, stabilizing braces are accessories that enable firearms to be fired from the shoulder, under specific conditions that indicate the firearm is designed for shoulder firing. The ATF’s finalized rule categorizes pistols with attached stabilizing braces as short-barreled rifles, which are subject to extensive regulation due to their accuracy and concealability, posing potential dangers if misused.

President Biden and his administration have accused the gun industry of exploiting loopholes to circumvent federal regulations by selling stabilizing braces, claiming they can effectively convert a pistol into a short-barreled rifle.

It is estimated that there are currently over three million firearms equipped with stabilizing braces in circulation in the United States. The Congressional Research Service suggests that the number of stabilizing braces may range between 10 million and 40 million.

However, Second Amendment advocates vehemently dispute the government’s characterization of these accessories. They emphasize that stabilizing braces were initially designed to assist disabled combat veterans in their enjoyment of recreational shooting. Additionally, they point out that the ATF itself ruled a decade ago that the addition of a stabilizing brace does not transform a pistol into a long gun.

While the court’s decision brings immediate relief to the plaintiffs, including gun owners, a pistol manufacturer, and a gun rights group, the full implications of the ruling remain to be seen. It remains uncertain whether the injunction applies to others, such as individuals purchasing firearms from the company involved in the lawsuit, Maxim Defense Industries, or members of the Firearms Policy Coalition.

The fight to preserve and protect Second Amendment rights continues. This temporary injunction serves as a significant victory in the battle against the ATF’s unconstitutional and burdensome brace rule.

Gun owners across the nation can find solace in this ruling while remaining vigilant in defending their fundamental rights. Stay tuned for further developments on this critical issue.

Source Fox News