Tuesday, April 23, 2024

Federal Judge Hands Down 2nd Amendment Victory     Story by Athena Hallet • 10h  History Enhanced

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A federal district judge in the United States has rejected a ban on pistol braces, ruling that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded its jurisdiction. This ruling impacts the entire ATF, and possibly millions of gun owners.

The judge determined that the plaintiff's case will most likely win, ,

Meaning that the ATF’s rule will most likely be invalidated. 

Referencing the Mock v. Garland case, Kacsmaryk said, 

"as explained in Garland, ‘[t]he controlling law of this case is that the Government Defendants’ promulgation of the Final Rule ‘fails the logical-outgrowth test and violates the APA’ and ‘therefore must be set aside as unlawful’ under the APA.'”

Judge Matthew Kacsmaryk wrote.

“The Court is certainly sympathetic to ATF’s concerns over public safety in the wake of tragic mass shootings. The Rule 'embodies salutary policy goals meant to protect vulnerable people in our society,'"

The order read,

"Additionally, ATF admits the 10-year cost of the Rule is over one billion dollars ... and because of the Rule, certain manufacturers that obtain most of their sales from the stabilizing braces risk having to close their doors for good," 

Gun rights organizations have condemned the ATF for the rule, 

Saying it is unconstitutional and an overreach of executive authority.

Pro Second Amendment groups welcomed the ruling. 

Under the ATF rule, owners of braces have to take one of five steps, which includes turning in the entire firearm with the brace attached to the agency.

The Biden-Harris Administration has underscored the importance of storing guns safely as a crucial step reducing gun related deaths, specifically among children and adolescents. 

Through the promotion of the safe gun storage law and allocating unprecedented funding through initiatives like the American Rescue Plan and the Bipartisan Safer Communities Act, the administration seeks to mitigate accidental shootings, youths ability to access firearms, and the association of guns that are secured which can lead to schools shooting and suicides. 

President Joe Biden has made gun control a key priority of his administration, demonstrating his dedication to mitigating gun violence and coming up with a plan to address safety measures. 

The Biden-Harris Administration has revealed a multifaceted strategy that is meant to promote safe storage of guns,preventing illegal firearm purchases, and advocating for legislative reforms to mitigate gun violence. 

President Biden has emphasized the urgency of legislative reforms to enforce gun control measures, 

urging Congress to pass universal background checks, ban assault weapons and high-capacity magazines, end the gun industry's immunity from liability, and enact a national red flag law. 

The administration's advocacy for thorough background checks,

Restrictive measures on high-risk firearm purchase falls in line with the bigger agenda to reduce gun violence and create better public safety.

The administration's collaboration with both states and local leaders on safe storage laws highlights its dedication to nurturing more accountability,

And promoting safer firearm practices on both federal and local levels.  

The administration's collaboration with both states and local leaders on safe storage laws highlights its dedication to nurturing more accountability,

And promoting safer firearm practices on both federal and local levels.   

The initiatives that the administration has taken has fueled polarized assessments, 

Supporters praise the endeavors to address gun violence, while those in opposition express concerns regarding balance between public safety and individual liberties.  

President Biden's gun control agenda has faced criticism and doubt from various sectors, with opponents expressing concerns about the potential impact of politically divisive measures on the right to keep and bear arms. 

The administration's push to ban assault weapons, high-capacity magazines, and pushing for more strict regulations on the sales of guns ignited debates about constitutional rights, the efficacy of proposed measures, and the potential implications for responsible gun ownership. 


Dan said...

Anyone who actually believes this ruling will stop BATFEces from doing whatever the hell they want is delusional.

Pappy said...

Whatever BATFE does, we won't find out til "after the fact" and you know how that goes, Once it's done, it's done!