On June 13, 2024, U.S. District Judge Reed O’Connor made a significant decision regarding the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule on stabilizer braces attached to AR pistols. The judge vacated the rule, stating that it violates the Administrative Procedure Act (APA. This move has implications for gun regulation in the United States.
The ATF pistol brace rule aimed at controlling stabilizer braces attached to AR-style pistols. According to the rule, when these braces are added to the weapons, they transform AR pistols into short barrel rifles (SBRs. SBRs are regulated under the National Firearms Act of 1934, which requires stringent licensing and registration procedures for their possession. The ATF’s rule was intended to prevent users from circumventing these strict regulations by simply adding a stabilizer brace to an AR pistol.
Breitbart News reported that U.S. District Judge Matthew J. Kacsmaryk had issued a preliminary injunction against the AR pistol brace rule on November 8, 2023. In his ruling, Kacsmaryk acknowledged the ATF’s concerns about possible attempts to circumvent SBR rules but emphasized that the government cannot justify the existence of a regulation merely by stating that it promotes an important interest. He quoted Bruen (2022), which states that the government may not justify the passage and/or existence of a regulation simply by positing that the regulation promotes an important interest.
On June 13, 2024, Judge O’Connor vacated the entire rule, stating that it violates “APA procedural requirements.” He explained that no intermediate decision would suffice, writing, “An illegitimate agency action is void ab initio and therefore cannot be remanded as there is nothing for the agency to justify.
The Department of Justice may appeal O’Connor’s decision to the United States Court of Appeals for the Fifth Circuit. The case, Mock v. Garland, was brought by the Firearms Policy Coalition. AWR Hawkins, an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News, commented on this development. He is the political analyst for Armed American Radio, a pro-staffer for Pulsar Night Vision, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at [email protected].