Judge Drew Tipton of the Fifth District Court issued an injunction last night to prevent the ATF from enforcing the pistol brace rule that became effective today.
Judge Tipton’s order in Texas v. ATF is applicable to the listed plaintiffs in the complaint, much like it did with an earlier Fifth Circuit decision in Mock v. Garland that blocked enforcement against Firearms Policy Coalition members.
In this instance, that covers all Texas government employees and active Gun Owners of America members.
GOA’s Erich Pratt said:
This assault on millions of Americans was just the latest example of President Biden trying to weaponize the DOJ against law-abiding gun owners, and we doubt it will be the last. We are incredibly grateful to Judge Tipton for hearing the pleas of our members who were facing serious prosecution simply for owning a piece of plastic – all because of an arbitrary reclassification by the ATF. GOA and our millions of members nationwide will continue to fight back against this rogue anti-gun administration at every turn in defense of our rights.
Tipton’s order came after another injunction in the SAF v. ATF lawsuit was imposed yesterday. According to an explanation provided in response to the Second Amendment Foundation, the order preventing ATF enforcement applies to all of the foundation’s members.
Here’s a statement from SAF . . .
A federal judge has clarified the scope of an injunction in a Second Amendment Foundation challenge to the Biden administration’s new “Arm Brace Rule.” The case is known as SAF, et.al. 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.
In her prior order granting the preliminary injunction, U.S. District Judge Jane J. Boyle wrote, “The Court grants in part the Motion and issues a preliminary injunction as to Plaintiffs in this case only,” leaving a question as to whether the injunction applied to members of SAF. Late yesterday, SAF filed a motion to clarify the scope of the injunction. Today, Judge Boyle clarified the prior order with a new order and in a docket entry which stated, “The Court confirms that its Preliminary Injunction Order applies to both the Second Amendment Foundation, Inc. and its members.”
“SAF has received numerous inquiries from individuals as to whether the injunction covered our members,” said SAF Executive Director Adam Kraut. “Our attorney had attempted to reach an understanding with the government as to the scope of the injunction and coverage of our members. When it became apparent that the parties were not seeing eye to eye on the matter, despite the 5th Circuit’s clarification in another case on this exact point, we asked the court for clarification. We are pleased to see that Judge Boyle agrees with our interpretation and that our members are indeed protected under this injunction.”
SAF offers several different tiers of memberships which are available at https://www.saf.org/join-saf/. Annual membership is $15, a five-year membership is $50 and a life membership is $150. Membership is effective upon the date of receipt.
For questions regarding membership, please contact info@saf.org.