Last year, the ATF’s pistol brace rule was vacated by a Fifth Circuit District court in a case brought by the Firearms Policy Coalition. A similar case had the same result in the Eighth Circuit. The ATF, then under different management, appealed the ruling in Mock v. Bondi. Yesterday, however, in a yuge win for FPC and gun owners in general, the Department of Justice agreed to drop its pending appeal of the Fifth Circuit’s ruling, signaling a retreat from the Biden era war on guns.
From the FPC . . .
Firearms Policy Coalition (FPC) and the federal government agreed to a joint dismissal of the government’s appeal in our Mock v. Bondi lawsuit, a case that successfully challenged the Biden ATF’s “pistol brace” ban rule and secured injunctive relief for gun owners while the case was being litigated to final judgment, which completely vacated the rule.
“Today is a great day for freedom and the American people,” said Firearms Policy Coalition President Brandon Combs. “The dismissal of this appeal should be the final nail in the coffin of this unconstitutional Biden ATF assault on gun owners. As we explained in the case filings, braced pistols are not ‘short-barreled rifles’. But either way, they are unquestionably arms protected under the Second Amendment. We are thrilled to have secured this important win for liberty and excited to take on even more unconstitutional laws so you can exercise your rights when, where, and how you choose.”
“The government is finally retreating from the Biden Administration’s patently unlawful effort to turn millions of peaceable people into felons by decree,” said FPC Action Foundation President Cody J. Wisniewski, an attorney for the challengers. “This horrible rule was a perversion of our system of limited government, so we’re glad to see this case resolved in favor of liberty and the rule of law.”
“This is a clear-cut victory and monumental step in preserving gun rights for future generations and safeguarding the firearms ecosystem from regulatory overreach,” said David Farrell, a Maxim Defense vice president. “This important achievement is the result of tireless dedication from the entire litigation team, not to mention the many supporters who have stood with us every single day. When we fight boldly and stand united, freedom prevails.”
If you want to support this important pro-Second Amendment win and FPC’s dozens of cases working to strike down unconstitutional gun control laws, join the FPC Grassroots Army at JoinFPC.org.
Today’s filing in Mock can be viewed at firearmspolicy.org/mock. The Mock case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in this case by two individual FPC members as well as Maxim Defense. FPC Action Foundation is counsel of record for the Plaintiffs, alongside Benbrook Law Group, P.C. and Cooper & Scully, P.C. Schaerr | Jaffe LLP represented the plaintiffs during the preliminary injunction appeal. FPC thanks FPC Action Foundation for its strategic support of this case.
“This horrible rule was a perversion of our system of limited government,…”
The Biden-Harris was a horrible perversion of our system of limited government.
While this is a wonderful result, a future White House administration could simply resume the lawsuit.
I prefer permanent solutions where future administrations cannot undo the executive orders of previous administrations.
But that wouldn’t be profitable. Wishy-washy half measures and a perpetually oscillating ledger of rules and laws makes for plenty of opportunities to pander and profit.
Our liberty is just a other market to be exploited.
Hmmmm…not do fast. It would take a new lawsuit then who will the ATF sue? They can’t go back and sue Mock, the case was dismissed and government agreed to it. So is the government going to sue its self?
The government, no matter the administration, can’t come back and ‘continue’ law suit the government agreed to dismiss…there is nothing to continue.
Then there is the APA issue….the rule was clearly unconstitutional and the ATF did not have the authority to do it.
It was tantamount to basically creating defacto law to intentionally say millions of people were felons so the government could persecute them… plus no such law was ever passed by congress and ATF rules are not law unless codified into law by congress and that did not happen. Then there is the constitution issue, and even if not a rule its still clearly unconstitutional.
Nah, I don’t expect a future administration will over come that easily, there is too much precedence that says they can’t do what the Biden ATF did.
.40 cal Booger,
Unless the courts dismissed the case with prejudice (extremely doubtful, government entities want to keep their options open), either side could revisit the case. Second of all, absolutely nothing stops a new administration from resurrecting the pistol brace rule regardless of any Fifth Circuit rulings.
Unless there is a U.S. Constitutional Amendment or a Supreme Court ruling which explicitly bars the federal government (and the states) from outlawing pistol braces, any administration can enact them again.
they could revisit, if the government had not agreed to the dismissal. When the government agrees to the dismissal they give up their ability to move forward on the same case in the future.
You are right, in a way, nothing “stops a new administration from resurrecting the pistol brace rule regardless of any Fifth Circuit rulings” IF it was not done as the Biden ATF did in violation of the APA and constitution. And there is a SCOTUS ruling, just not specifically on pistol braces but rather on APA and Chevron in other cases that set precedent which applies for what the Biden ATF did.
Basically, for the government to do it in the future its going to need a law passed by congress. And then, there is still the constitutional issue to over come and then there is a basic common sense and reality issue as well. Basically, the only thing that decided if a pistol brace turned a gun into an SBR or not was a rule the ATF created that was not law, that’s what the Biden ATF was trying to do – rule stacked upon rule, each interlocked in some way to support another and in effect create defacto law by enforcing their own self-generated rules and definitions as if crimes defined in laws passed by congress – it was pure tyranny, and it was unconstitutional and it was criminal. We saw this in play with Bryan Malinowski where the ATF created their own definition of ‘in the business’ and enforced it as though it was law and as if he were a felon and they ended up murdering an innocent man – in reality no law had been broken . But not only that even in common sense and reality the pistol brace did not some how magically change the intrinsic nature or function or capability of the firearm into another ‘kind’ of firearm.
That’s what the Biden-Harris admin was doing, they empowered agencies to create rules to be enforced as if laws passed by congress, it was rule by decree which is unconstitutional. Its a page out of the Marxist Socialist communism play book for its ‘incrementalism’ tactics used to over throw a country from within. We are not a democracy, the founders specifically did not make our country a democracy as they saw the dangers in that and we saw those dangers with the Biden-Harris admin weaponizing the government against the people via ‘rule’ making and in so many other ways. We are a constitutional republic with a representative DEMOCRATIC (not democracy) form of government, the only one of its nature-kind on earth. What the Biden-Harris admin did was pure tyranny, and that ‘rule making’ activity of the Biden-Harris admin ATF was one of the forms of tyranny the founders feared as we had just thrown off that yoke of tyranny of rule by decree. And if Harris had been elected it would have been worse, not only for gun owners but for everyone even left-wingers.
We’re waiting for the administration to settle the lawsuit brought by GOA et al., claiming that the NFA is unconstitutional. If the administration settles, could it be reinstated without legislation?
“When the government agrees to the dismissal they give up their ability to move forward on the same case in the future.”
No offense, but I’d like to hear from someone who knows like LKB if that actually is correct.
I hope it is, but…
Oh, I’m not offended. I’m not a lawyer. I’m going on what about 10 other lawyers have said. I might not be correct and not saying I am and there may be some kind of legal loop hole or something else in law out there, heck, who knows today because there has been a tremendous prevision of the law over the Biden admin period by the Biden admin so maybe something some where was ‘created’ in some way. Basically, the clue is in the order its self and it states:
“Pursuant to Federal Rule of Appellate Procedure 42(b)(1), the parties hereby
stipulate to the dismissal of this appeal, with all parties to bear their own costs.
Plaintiffs retain the right to seek attorney’s fees in district court, including attorney’s
fees incurred on appeal.”
“Federal Rule of Appellate Procedure 42” is ‘Voluntary Dismissal’ and ‘ Federal Rule of Appellate Procedure 42(b)(1)’ says:
“(1) Stipulated Dismissal. The circuit clerk must dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any court fees that are due.”
No other ‘conditions’ or ‘rights’ in the order which might allow the government to come back later and continue it. By voluntarily agreeing to the dismissal ‘Pursuant to Federal Rule of Appellate Procedure 42(b)(1)’ with no other conditions or ‘rights’ and the rule cite for such conditions or ‘rights’ in the order allowing a possible ‘continuation’ by government, the government waived any right to come back and ‘continue’ the same case by voluntarily agreeing to the dismissal – its just a flat out dismissal in total. This case is done.
Posted about an hour ago – information for treason by Obama declassified and released.
https://www.youtube.com/post/UgkxRbuLAqIwUSgDLYNEXFhKSJErAFiNYPzt
Here’s How the Obama Admin ‘Manufactured’ Bogus Russia Hoax Intelligence.
https://pjmedia.com/matt-margolis/2025/07/18/revealed-how-the-obama-admin-manufactured-bogus-intelligence-for-russia-hoax-narrative-n4941888
And absolutely nothing will come of it.
Which is why all this Epstein hoopla is complete nonsense. Nothing would or will come of that either.
Of all the scandal, crimes and horrors the government and people in the government have participated in nothing has ever come of any of it save the occasional apology or token scalp when people should’ve been executed for some of the things going and entire agencies shuttered.
Nothing will ever come of any of this. It may as well not even be real for all it is, rather isn’t, worth.
WSJ about to pay Trump for made up Epstein love letter and Elon takes up for Trump.
https://www.youtube.com/watch?v=CvndSsT4Txg
Democrats don’t understand that Rupert Murdoch doesn’t care for Trump. All they understand is blind partisanship.
Rupert might have to pay as much as what Trump has collected from ABC/CBS combined.
The culture changed somewhat after Dems jailed Peter Navarro and Steve Bannon for something that many Dems could have been jailed for in the past. Then there was the unprecedented lawfare to go after Trump while he was a political opponent. Rep. Luna just referred Fed Chair Powell for criminal charges. Will anything come of it? I doubt it, but that’s more than we would have gotten from R’s several years ago.
Refer all of them. Was it illegal for the Jan 6 Select Committee to destroy evidence? Are some of the Puppet’s pardons null and void? Don’t let it go. Stay on your reps and senators.
Gabbard Making Criminal Referral on Obama National Security Team.
https://redstate.com/smoosieq/2025/07/18/new-gabbard-making-criminal-referral-on-obama-national-security-team-n2191830
Since the democrats tried to put former President Trump in prison. I think the Republicans should try and put former President Obama in prison.
Seems fair to me.
Alberta Canada wants to be the 51st US State!
https://www.youtube.com/watch?v=3l0bbm7z98E
I love it!
“Alberta Canada wants to be the 51st US State!”
Not so fast –
The head of Alberta is on record saying they have no interest in being a US state, but are *very* interested in the business of selling Alberta oil to the USA…
And they said that before Ottawa started their crap about it and ‘punished’ them with more Ottawa interference and demanding more from Alberta which they basically treat as a ‘slave colony’ and would stand to loose a lot if Alberta did separate from Canada. Since then various groups from Alberta have met with the Trump admin, and Alberta has revised the requirement for the number of signatures needed to a lower number to put it to a vote for ‘independence’ from Canada which if successful would let them separate from Canada to either be their own country or seek U.S. statehood and a lot more people since then have indicated favoring U.S. statehood. They can do this legally. And now Saskatchewan has thrown their hat into the ring indicating they want to do the same thing. In some of Ottawa response, they have stepped up efforts to disarm people in Alberta, which is a typical Marxist Socialist move to try to disarm a ‘populace’ that’s wants to be free of ‘tyranny aspects’ of a ‘government’ and history tells us why they want to ‘disarm’ that populace so I expect if the Alberta vote does succeed that Ottawa will want to send in troops to ‘conquer’ Alberta and defenseless people are easier to conquer.
So… like a lot of things, time will tell.
A conservative democrat in Alberta CA is still a democrat. And numbers matter in the house and senate.
MASSIVE BREAKING NEWS: TRUMP DOJ ANNOUNCES RESTORATION OF 2A RIGHTS FOR POTENTIALLY MILLIONS.
https://www.youtube.com/watch?v=JFONI1iT1Hw
Biden ‘weaponized government’ tyranny took many forms, not only against the 2A and 1A and 4A: Biden Justice Department Sought ‘Federal Hook’ To Go After Parents As ‘Domestic Terrorists’ – Documents.
”
…
After colluding with the NSBA to produce a letter calling for a crackdown on concerned parents, Biden DOJ officials rushed to draft a memo to weaponize the federal government against those parents, emails show.
…
The Department of Justice under former President Joe Biden actively sought a ‘federal hook’ to justify sending federal law enforcement after parents it labeled ‘domestic terrorists’ because they were concerned about their children’s education.
…
AFL said the new tranche of documents allows the organization to ‘complete the timeline’ of how the NSBA and Biden DOJ and White House were colluding in order to go after parents. The legal group’s president, Gene Hamilton, said the emails show a ‘conspiracy that was ultimately aimed at depriving parents of two fundamental rights — the right to speak, and the right to direct the upbringing of their children.’
…”
https://thefederalist.com/2025/07/18/biden-justice-department-sought-federal-hook-to-go-after-parents-as-domestic-terrorists-documents/
Kennedy Explains Why the US Just Rejected Amendments to WHO’s International Health Regulations.
”
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The Trump administration on Friday issued a formal rejection of the 2024 International Health Regulations Amendments by the World Health Organization, which would give the international body power to issue global lockdowns, travel restrictions, and more over ‘potential public health risks.’
‘The proposed amendments to the International Health Regulations open the door to the kind of narrative management, propaganda, and censorship that we saw during the COVID pandemic,’ Secretary Kennedy said in a statement. ‘The United States can cooperate with other nations without jeopardizing our civil liberties, without undermining our Constitution, and without ceding away America’s treasured sovereignty.’
…”
https://townhall.com/tipsheet/leahbarkoukis/2025/07/18/trump-admin-defends-us-sovereignty-with-decision-on-amendments-to-whos-intl-health-regulations-n2660614
Pam Bondi Takes Steps to Unseal Epstein Grand Jury Testimony.
”
…
‘Based on the ridiculous amount of publicity given to Jeffrey Epstein, I …” [Trump] “… have asked Attorney General Pam Bondi to produce any and all pertinent Grand Jury testimony, subject to Court approval. This SCAM, perpetuated by the Democrats, should end, right now!’
…”
l9ink for above post
https://redstate.com/katie-jerkovich/2025/07/18/dojpam-bondi-takes-steps-to-unseal-epstein-grand-jury-testimony-n2191836
Like a herpes infection, Hogg boy keeps showing up: High on the Hogg? Former DNC Co-Chair Blasts Democrat Party After His Candidate Goes ‘Down in Flames’.
“Poor David Hogg.
The overly bitter, gun-grabbing, left-wing activist, and former co-vice chair of the Democratic National Committee (until he was effectively kicked to the curb) suffered a humiliating defeat on Tuesday after his PAC-backed candidate in the Arizona special election was thoroughly thrashed.
Hogg’s response? To attack the Democrat Party for the crushing loss.
…”
https://redstate.com/mike_miller/2025/07/18/high-on-the-hogg-former-dnc-co-chair-blasts-democrat-party-after-his-candidate-goes-down-in-flames-n2191818
Miner49er/Missy12 favored violent left wing: Violent Antifa/Trantifa arrested at a May Day violent direct action in Frederick, Md. on May 1, 2025.
”
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Around 20 masked militants in black bloc began attacking vehicles with umbrellas and intimidating the public, according to the local police. Responding officers were assaulted by the group. One officer was hit on the head with a projectile and another was bashed with a metal pole.
Four militants were arrested and found with laser pointers (to blind targets), explosive devices and riot tools.
…
Arrestees:
Andromeda Weir (b. Feb. 9, 1999), a trantifa radical previously known as Andrew Michael Weir, was charged with rioting, obstructing and hindering, disturbing the peace / hindering passage, disorderly conduct, failure to obey a lawful order.
Jayla Maddison Draghici (b. Jan. 15, 2000), a trantifa radical previously known as Jonathan Mikel Draghici, was charged with assault in the second degree on law enforcement officer, rioting, obstructing and hindering, disturbing the peace / hindering passage, disorderly conduct and failure to obey a lawful order.
Joseph Eastwood (b. Nov. 11, 1990) was charged with assault in the second degree on law enforcement officer, rioting, obstructing and hindering, disturbing the peace / hindering passage, disorderly conduct and failure to obey a lawful order.
Joshua Louis Gainey (b. Sept. 13, 1985) was charged with three counts of assault in the second degree on a law enforcement officer, rioting, obstructing and hindering, disturbing the peace / hindering passage, disorderly conduct and failure to obey a lawful order.
…”
https://x.com/MrAndyNgo/status/1918344261797593555
UPDATE: Fatal LA County Sheriff Explosion Reportedly Caused by Military-Style Devices Recovered Thursday.
”
UPDATE 9:28 PM EDT, July 18, 2025:
A search warrant is being executed at a location near Bay Street and Lincoln Boulevard in Santa Monica in relation to the explosion, NBC Los Angeles reports.
…”
[see link for original story info]
https://redstate.com/jenvanlaar/2025/07/18/update-fatal-lasd-explosion-caused-by-military-style-devices-recovered-from-santa-monica-n2191815
Developing: Suspect Rams Car Into L.A. Crowd, Dozens Injured, At Least One Person Shot.
”
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A vehicle rammed into a crowd of people waiting to enter a nightclub along a busy boulevard in Los Angeles early Saturday, injuring 30 people.
Victims were transported to local hospitals and trauma centers, according to Capt. Adam Van Gerpen, public information officer for the Los Angeles City Fire Department.
…
At least three people were in critical condition, according to LACFD Capt. Adam Van Gerpen. Adding even more confusion to the situation, one person also suffered a gunshot wound.
Paramedics discovered that one of the patients had a gunshot wound, Van Gerpen said.
…”
https://redstate.com/bonchie/2025/07/19/developing-someone-rams-car-into-la-crowd-dozens-injured-at-least-one-person-shot-n2191841
‘Mass-Ramming’ ‘vehicle violence’
Mom blasted as a ‘bully’ over ‘hit back harder’ playground advice for her kids: ‘If that’s controversial, I don’t really care’. [note – context: shes talking about kids that are being bullied and hit to fight back – in other words self-defense].
”
…
This mama bear wants her cubs to claw back.
Louisiana mom Brittany Norris sparked a schoolyard smackdown on TikTok — after unapologetically declaring that she’s raising her kids to fight fire with fists.
‘If someone hits my kid, I’m not raising them to go tell the teacher. Not raising a snitch,’ Norris, 27, said in a now-viral video.
‘Handle it yourself, hit back, defend yourself, and if that’s not enough, I will interfere. If that’s controversial, I don’t really care, because no. Hit back harder. Thank you,’ the tough-talking tigress told followers.
Never mind the five-second rule of playground justice — try five-fingers.
The no-messing-around mother’s bold battle cry — on behalf of her 5-year-old — has racked up more than 42,000 likes and 800+ comments, with reactions ranging from cheers to jeers.
…”
https://nypost.com/2025/07/18/lifestyle/mom-sparks-debate-kids-should-hit-bullies-back-harder/
Trump and Bukele Manage a Massive Prisoner Swap [note: bringing American citizens home].
”
…
Nayib Bukele
@nayibbukele
Today, we have handed over all the Venezuelan nationals detained in our country, accused of being part of the criminal organization Tren de Aragua (TDA). Many of them face multiple charges of murder, robbery, rape, and other serious crimes.
As was offered to the Venezuelan regime back in April, we carried out this exchange in return for a considerable number of Venezuelan political prisoners, people that regime had kept in its prisons for years, as well as all the American citizens it was holding as hostages.
These individuals are now en route to El Salvador, where they will make a brief stop before continuing their journey home.
This operation is the result of months of negotiations with a tyrannical regime that had long refused to release one of its most valuable bargaining chips: its hostages.
However, thanks to the tireless efforts of many officials from both the United States and El Salvador, and above all, thanks to Almighty God, it was achieved.
…
Ten Americans held in Venezuela are now on their way home.
…”
https://hotair.com/tree-hugging-sister/2025/07/18/trump-and-bukele-manage-a-massive-prisoner-swap-n3804924
The left wing’s media propaganda source PBS/NPR defunded, finally (the republicans have been trying to do it for 40 years) – but ya know the left wing… Without State-Run Media and Censorship, Freedom Is Doomed!
”
…
The joke is getting old, but it is still worth repeating: George Orwell’s 1984 was not intended to be an instruction manual.
But somehow it is. Freedom is slavery, illegals are “law-abiding,” riots are “mostly peaceful,” censorship is truth-preserving, and the state should run the media.
When I read the liberal media (but I repeat myself), I fear getting whiplash from so much head shaking. The latest insanity that has my neck sore is the media’s claim that National Public Radio and the Public Broadcast System not only deserve public money, but that defunding them is a threat to the free press.
The First Amendment is dying because two government propaganda outlets are being cut off from public funds–which, we have been told for years, barely make a dent in their budgets anyway. Could you make it make sense? I can’t.
…”
https://hotair.com/david-strom/2025/07/18/without-state-run-media-and-censorship-freedom-is-doomed-n3804914