Explore The NRA Universe Of Websites

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

Wednesday, August 2, 2023

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

The National Rifle Association of America (“NRA”) announced today that it would be expediting its motion for a preliminary injunction to protect its members from the Biden Administration’s unlawful attempt to reclassify braced pistols as “rifles” subject to onerous registration requirements.

The announcement comes a day after the Fifth Circuit’s decision in Mock v. Garland, which finds the controversial “pistol brace rule” recently issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is probably unlawful under the Administrative Procedure Act (“APA”).

In an opinion issued yesterday, the Fifth Circuit agreed with what the NRA has contended from Day 1 – the Biden Administration’s Pistol Brace Rule is unlawful.

The rule seeks to rewrite the National Firearms Act (“NFA”) to make any pistol that has a stabilizing brace attached a “rifle” subject to the stringent registration and transfer requirements of the NFA. But the ATF sought to couch its sweeping rewrite of the law as a mere “interpretation” of the NFA – despite the fact that, over the course of more than a decade, the ATF has repeatedly assured law-abiding gun owners and manufacturers that adding a brace to a pistol does not transform the weapon into a “rifle.”

Thus, the ATF contradicted itself and sought to subject law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms. Even worse, the ATF sought to sidestep a barrage of negative comments for its proposed rule, including the NRA’s comments, by attempting an 11th-hour rewrite of the Pistol Brace Rule to add a poorly conceived six-factor test “considering everything from the weight of the firearm with the stabilizing brace attached to the prevalence of Youtubers’ demonstrating the likely use of the weapon,” in the words of the Fifth Circuit.

While the Fifth Circuit remanded to the district court to determine the proper scope of injunctive relief, the writing is on the wall: the Pistol Brace Rule is illegal and cannot withstand scrutiny. Further, the Fifth Circuit observed that “in certain circumstances, nationwide relief is appropriate and may be necessary for the benefit of all parties” and emphasized the need for a “consistent application of the law.” All that is left is for the lower courts to give effect to the Fifth Circuit’s clear direction.

The NRA initially backed a lawsuit by several state attorneys general in North Dakota, sought to intervene in a Texas legal action challenging the unlawful rule, and, on July 3, 2023, filed its own lawsuit against the ATF, the U.S. Department of Justice (DOJ), ATF Director Dettelbach, and U.S. Attorney General Merrick Garland (“Defendants”) seeking a preliminary injunction protecting its members from the pistol brace rule. Now, the NRA will move to ensure that its preliminary injunction motion moves on an expedited schedule, so its members may obtain relief even more quickly in light of the Fifth Circuit’s ruling. It is also appealing the denial of its motion to intervene in the Fifth Circuit – an appeal that is currently proceeding on an expedited schedule.

“The NRA fought this unlawful rule at every level – first as a supporter of a major case and then as a plaintiff at the tip of the spear,” says NRA CEO & EVP Wayne LaPierre. “This ruling sends a powerful message to NRA members and law-abiding gun owners everywhere: freedom will be preserved."

“The NRA will move swiftly to expedite its pending preliminary injunction motion, allowing the NRA and its members to quickly obtain the relief they deserve,” says William A. Brewer III, counsel to the NRA. “The Fifth Circuit’s ruling leaves little doubt that the NRA will achieve success on behalf of its members and prevail in protecting them from this unlawful overreach. All the gun rights groups who stood up to this attack on freedom should be commended.”

TRENDING NOW
Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

Friday, February 20, 2026

Minnesota: Hearing on Semi-Auto and Magazine Bans Next Week

On Tuesday, February 24th, the House Public Safety Finance and Policy committee will hold a hearing on two all-encompassing ban bills, House File 3433 and House File 3402

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

News  

Monday, February 23, 2026

Firearms Industry “Responsible Controls” Legislation is an Existential Threat to Gun Owners

Anti-gun activists think they have figured out a way around the Second Amendment, democratic accountability, and the federal Protection of Lawful Commerce in Arms Act (PLCAA) to impose a limitless raft of gun control on ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

News  

Monday, February 23, 2026

Breach of Canadian Firearm Owners’ Data: The Latest in a String of Failures

Canada’s gun owners have no reason to trust the federal government, and whatever misplaced faith remains took a huge hit when details of a cybersecurity breach at the Canadian Firearms Program became public.

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Monday, February 23, 2026

Oregon: Floor Vote TODAY on Ballot Measure 114 Override Bill - LAST CHANCE TO TAKE ACTION!

Today, HB 4154 is scheduled for third reading and a vote on House Bill 4145, the Ballot Measure 114 override bill. This is the last opportunity for Second Amendment advocates to oppose this bill in the ...

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Wednesday, February 18, 2026

NRA Files Amicus Brief to Protect Gun Owners’ Private Information

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief in Hall v. Sig Sauer, urging a Pennsylvania federal court to reconsider an order requiring Sig Sauer to disclose its customers’ names and ...

Minnesota: Bill Amendment to Create Semi-Auto Ban in Committee TODAY

Wednesday, February 18, 2026

Minnesota: Bill Amendment to Create Semi-Auto Ban in Committee TODAY

TODAY, February 18th, the House Public Safety Finance and Policy committee will hold a hearing on HF 3380, including a proposed "delete all" amendment that would make the bill an "assault weapon" and large capacity magazine ban.

New Mexico Legislature Adjourns!

Thursday, February 19, 2026

New Mexico Legislature Adjourns!

Today at noon, the New Mexico legislature adjourned sine die from the 2026 legislative session. Despite efforts by anti-gun advocates, Second Amendment supporters were able to engage and help prevent two radical anti-gun proposals from ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.