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Fifth Circuit Three-Judge Panel Issues Injunction Pending Appeal Against ATF Pistol Brace Rule

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A three-judge panel of the United States Court of Appeals for the Fifth Circuit issued an injunction Tuesday pending review against the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) pistol brace rule.

The case, Mock v. Garland, reached the Fifth Circuit panel on appeal from the United States District Court for the Northern District of Texas.

The three-judge panel consisted of Catharina Haynes (George W. Bush appointee), Kurt D. Engelhardt (Donald Trump appointee), and Andrew Oldham (Donald Trump appointee).

The three-judge panel issued a decision Tuesday which does two things: 1. Orders that the appeal be “expedited to the next available Oral Argument Calendar.” 2. Issues a preliminary injunction pending appeal.

The importance of expedited appeal rests on the fact that the ATF pistol brace rule takes effect next week. Owners of AR-pistols with pistol braces that have not been destroyed, registered with the ATF, or otherwise brought into compliance with the rule, will be in violation of the rule beginning June 1, 2023.

The injunction on the rule only applies to the plaintiffs in Mock v. Garland.

The case is Mock v. Garland, No. 23-10319 in the United States Court of Appeals for the Fifth Circuit.
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