Yesterday, Gun Owners of America (GOA) secured a preliminary injunction from District Judge, Drew B. Tipton, in their case challenging the ATF’s pistol brace ban.
The GOA lawsuit is one of many, challenging the unconstitutional Final Rule from the ATF in January that effectively bans pistol braces, a popular accessory for AR-style firearms, and comes on the eve of that ban taking effect for potentially tens of millions of Americans.
The case, The State of Texas, Gun Owners of America, Inc. Gun Owners Foundation and Brady Brown v. ATF, the U.S. Department of Justice, and Steven M. Dettelbach, was filed in the United States District Court for the Southern District of Texas.
In his decision, Judge Tipton cites similar cases that we reported on earlier this week.
“The Court finds the same relief afforded to the Mock plaintiffs is appropriate for the private Plaintiffs in this case—Gun Owners of America, Inc., Gun Owners Foundation, and Brady Brown. This is because the motion in Mock and the Motion before this Court are substantially similar. Both motions seek an injunction enjoining enforcement of the Final Rule on the grounds that it violates the Administrative Procedure Act and the Second Amendment. And while the Plaintiffs here raise some arguments that were not raised in Mock, the resolution of that appeal will almost certainly affect, if not control, the Court’s decision on Plaintiffs’ Motion.”
Notably, the preliminary injunction enjoining the rule from taking effect covers only a few specific entities:
“Defendants are ENJOINED from enforcing the Final Rule against (1) the private Plaintiffs in this case, including its current members and their resident family members, and (2) individuals employed directly by the State of Texas or its agencies.9”
In a statement on its site, Gun Owners of America wrote, “This injunction applies to all members of Gun Owners of America and individuals employed directly by the State of Texas or its agencies.”
Gun Owners of America is a nation-wide Second Amendment rights organization. If you’re not sure if you are covered by this preliminary injunction, we highly recommend contacting an attorney.
