The order comes shortly after the Fifth Circuit Court of Appeals, which oversees Kacsmaryk’s district, found the ban “unlawful.” In August, a Fifth Circuit panel found the ATF exceeded its authority in trying to reclassify guns with pistol braces attached to them as short-barrel rifles that are subject to heavy regulation under the National Firearms Act (NFA) of 1934. It determined the agency moved from regulating to legislating, and the result “must be set aside as unlawful or otherwise remanded for appropriate remediation.”
“The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests,” Judge Jerry E. Smith wrote for the majority in Mock v. Garland. “Thus, it is legislative in character.”
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Judge Kacsmaryk has now taken things a step further in the related Britto case. His ruling stays enforcement of the law as it applies to everyone across the country.
That’s a significant departure from Judge O’Connor’s ruling, where he rejected a request to extend his preliminary injunction to all braced gun owners.
1 comment:
Garland was probably muttering, “Why can’t these peasants be happy with a kinda-sharp stick!”
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