“The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative, and thus not subject to the logical-outgrowth test,” writes Judge Jerry E. Smith. “The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests. Thus, it is legislative in character. Then, because the Final Rule bears almost no resemblance in manner or kind to the Proposed Rule, the Final Rule fails the logical-outgrowth test and violates the APA.”
The U.S Government is not likely to win in the Fifth Circuit if prior cases, such as the bump stock case (Cargill v. Garland), are any indication. The ATF’s only chance of victory is through the United States Supreme Court, but even that is looking less likely.
Some good information from Washington Gun Law President, William Kirk, posted just a couple of hours ago:
And just because, here's Colion Noir from last June exposing just how clueless our very own Sheila Jackson Lee is. If she becomes mayor of Houston, I'm moving to a different county....
Rafe wrote: ↑Thu Aug 03, 2023 12:40 pm
And just because, here's Colion Noir from last June exposing just how clueless our very own Sheila Jackson Lee is. If she becomes mayor of Houston, I'm moving to a different county....
Think about this: SheJack is smarter than those that elected her to office.
edited to add: I was taught by a person that I admired that when you add "but" to your sentence, everything you said prior is bull.
Re: New 2A Setback about ATF’s Pistol Brace Rule
Posted: Tue Sep 19, 2023 5:14 pm
by Rafe
Washington Gun Law President, William Kirk, discusses the recent ruling in Firearms Regulatory Accountability Coalition v. Garland where the U.S. District Court in North Dakota has denied the motion for a temporary injunction against ATF's pistol brace rule finding literally exactly the opposite as the 5th Circuit in Mock v. Garland. This is a big setback as half the Attorneys General had filed as plaintiffs on this matter. While this does not spell the end of this case, it is not a promising sign.
