March 29, 2024 – Law360 reported today on a legal win for the NRA in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over the “pistol brace rule.”
The NRA filed suit in the Northern District of Texas on July 3, 2023, against the ATF, the U.S. Department of Justice, and Steven M. Dettelbach, in his official capacity as director of ATF, seeking to enjoin the ATF’s unconstitutional rule, which would have reversed its long-standing position that pistol braces do not transform pistols into rifles subject to onerous registration and taxation requirements under the National Firearms Act.
As reported, “The court found that the final rule violates the Administrative Procedure Act, which governs how federal agencies develop and issue regulations, and that the NRA had a "substantial likelihood" of succeeding on the merits. According to the opinion, the gun rights group also demonstrated that it had Article III associational standing to bring the action on behalf of its members.”
According to Law360, the NRA successfully argued its members face irreparable harm from the new rule, which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of a brace.
"The NRA has emerged as a leading voice in opposition to this unlawful attempt to limit Second Amendment freedom," said NRA counsel William A. Brewer III in a statement. "When it was determined NRA members could not benefit from other injunctions, the association moved to the tip of the spear in the advocacy and prevailed in obtaining sweeping relief for its members."
Joining Brewer in representing the NRA are firm partners Noah Peters and Matthew H. Davis.
Read more here.