5th Circuit Rules That ATF Brace Rule Likely Illegal

1srelluc

Diamond Member
Nov 21, 2021
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Shenandoah Valley of Virginia


Great news for freedom!

Essentially the 3 judge panel ruled 2-1 that because the ATF didn't give the general public enough time to comment on and speak against their brace rule, the rule is likely illegal and won't stand up in court

The ruling gets kicked back down to Judge O'Conner in Fort Worth who will decide who this ruling covers; either the original plantiffs (GOA, FPC, etc) or EVERYONE living within the 5th Circuit.

They also said that the rule that they DID allow comment on was changed SO much into the final rule due to poor public opion that it didn't resemble the original rule AT ALL.

So not only did they not allow a long enough comment period, but the ATF did an end-around public option to force a rule thru in court.

Nope, can't do that fed bois.

They would have to either start the WHOLE process over, with new definitions of terms that would have to be even MORE ironclad in court (which will now have precedent against), burning more months/years/tax dollars, or drop the issue entirely.

 
Supreme Court ruled that the Bump Stock ban was legal so I have no idea how they would be able to rule any different here.
 
Yes, they allowed the bans to stay because they were too cowardly to make an actual ruling.
Unless you are going to be additive to the subject in the OP please go be a uninformed idiot someplace else.

BTW.....Another appeals court has struck down the ban since.

 

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