Federal Judge Extends Preliminary Injunction Against ATF Pistol Brace Rule

United States District Court Judge Drew B. Tipton extended the preliminary injunction against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) pistol brace rule on Friday.

Plaintiffs in the case include the State of Texas, Gun Owners of America, and Brady Brown.

Tipton originally issued a preliminary injunction against the rule on May 31, 2023.

The preliminary injunction was stayed September 15, 2023, through October 20, 2023, so the court could review supplemental briefings from the parties. On October 19, 2023, the day before the stay expired, the stay was extended through October 27, 2023.

On Friday, October 27, 2023, Tipton extended the preliminary injunction, writing, “This preliminary injunction shall remain in effect pending a final resolution of the merits of this case or until a further Order from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court.”

On January 13, 2023, Breitbart News noted the ATF’s pistol brace rule requires that owners of AR-pistols with pistol braces attached take one of the five following steps:

• Scenario 1: Turn in the entire firearm with the attached “stabilizing brace” to ATF;
• Scenario 2: Destroy the whole firearm;
• Scenario 3: Convert the short-barreled rifle into a long-barreled rifle;
• Scenario 4: Apply to register the weapon under the NFA; or
• Scenario 5: Permanently remove and dispose of, or alter, the “stabilizing brace” from the firearm so that it cannot be reattached.

The preliminary injunction issued Friday by Judge Tipton means the ATF cannot enforce the pistol brace rule against members of Gun Owners of America.

The case is Texas v. ATF, No. 6:23-cv-00013 in the United State District Court Southern District of Texas, Victoria Division.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.