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
California Glock Ban Triggers Warning from Trump DOJ

News  

Monday, June 29, 2026

California Glock Ban Triggers Warning from Trump DOJ

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), continues to play offense when it comes to the Trump administration defending the Second Amendment.

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

“Red Flag” Law Claimed to Work Simply Because it is Being Used

News  

Monday, June 29, 2026

“Red Flag” Law Claimed to Work Simply Because it is Being Used

According to a recent editorial by an anti-gun spokesman, Florida’s version of a “red flag” law—also known as an Extreme Risk Protection Order (ERPO) law—is a “success” simply because it is being used.

Arizona state flag

Monday, June 22, 2026

Arizona: Governor Hobbs Vetoes Pro-Gun Legislation...Again

On Friday, June 19, Governor Katie Hobbs (D), vetoed Senate Bill 1068 and Senate Bill 1069. For those keeping score at home, this marks not the first, nor the second, but the third time Governor ...

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

Thursday, June 25, 2026

Second Amendment: 1. “Aloha Spirit:” 0. High Court Shoots Down Hawaii Gun Ban.

On June 25, the U.S. Supreme Court invalidated a Hawaii law that sought to ban the carrying of firearms (including licensed concealed carry) on private property open to the public, unless the carrier obtained affirmative ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

California: Anti-Gun Bills Continue Advancing in Sacramento

Wednesday, June 24, 2026

California: Anti-Gun Bills Continue Advancing in Sacramento

Anti-gun legislation continues advancing in Sacramento. On June 30, the Assembly Public Safety Committee will hear Senate Bill 948, while the Senate Public Safety Committee will hear Assembly Bill 2047. Please use the Take Action ...

Delaware: FFL Killer Bill Still Looms as End of Session Approaches

Monday, June 22, 2026

Delaware: FFL Killer Bill Still Looms as End of Session Approaches

With session scheduled to end on June 30th, legislators in Dover are still considering SB 300, the FFL Killer bill.

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.