Fifth Circuit Court of Appeals grants LIMITED preliminary injunction against arm brace rule

Earlier today, in a per curiam decision, the United States Court of Appeals for the Fifth Circuit granted a limited preliminary injunction in the case of Mock v. Garland.  If you recall, this is the same case where a preliminary injunction was denied at the District Court level, prompting this appeal.

This is one of many cases across the country challenging the ATF Arm Brace Rule (2021R-08F) which went into effect on January 31, 2023.  This preliminary injunction is timely given that the amnesty period provided for in the final rule is set to expire on May 31, 2023.

In the brief order, shown below, the court orders that oral arguments in the case be expedited to the next available date and grants the preliminary injunction, but only as to the plaintiffs in the case, and only pending the outcome of the appeal.

So what does that mean for those who are not plaintiffs in this case?  While a potentially promising step, it is only one of many victories that will have to occur if the rule is to have a chance of being overturned.  In the meantime, you still need to comply in some fashion before the May 31st deadline.

Download (PDF, 62KB)

This entry was posted in 2021R-08F, 2A, Administrative Law, Arm Brace, ATF, ATF Ruling, BATFE, Court Rulings, Federal Court, Fifth Circuit, NFA Trusts, Regulatory Rulemaking. Bookmark the permalink.