A representative for the group explains why this is good news for private gun owners.
President Joe Biden and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have been a thorn in the sides of private gun owners, attempting to get their “final rule” on pistol braces passed so they would be taken away. But a Fifth U.S. Circuit Court of Appeals just made sure they didn’t secure a victory.
The court deemed that the Biden administration’s so called “final rule” on pistol braces is “likely illegal,” mainly due to the fact that it violates the Administrative Procedure Act (APA) by adopting it without meaningful opportunity for public comment.
Judge Jerry Smith noted, “Plaintiffs establish a substantial likelihood of success on the merits. The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative, and thus not subject to the logical-outgrowth test.
“The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests. Thus, it is legislative in character. Then, because the Final Rule bears almost no resemblance in manner or kind to the Proposed Rule, the Final Rule fails the logical-outgrowth test and violates the APA.”
In a response to this, Second Amendment Foundation Founder and Executive Vice President Alan M. Gottlieb noted in a statement, “This is a significant win for gun rights because the arguments in this case are essentially the same as we are making in our own challenge of the pistol brace rule.”
Executive Director Adam Kraut also added, “This ruling is a serious setback for the Biden administration’s gun control agenda. As the court noted, the Final Rule was not the logical outgrowth of the original proposed rule, and therefore must be set aside. Thanks to this ruling, we can jump start our own case with very good prospects for success.”
Though the fight isn’t over, the Second Amendment Foundation is confident that it will defeat the ATF on its own violative terms. A representative for the group joins us now to discuss it further.
Q&A:
- Why are Joe Biden and the ATF so hellbent to stopping these pistol braces from being circulated?
- How much does this violate the rights of private gun owners? Shouldn’t the Constitution allow them to purchase whatever they please?
- With this victory, how assured is a victory over the ATF in attempting to pass the Biden administration’s “Final Rule” on the matter?
- Where do you see this particular battle going next? If the ATF does manage to lose the case, could they go after something else related to private gun owners?
- Where can we learn more about the Second Amendment Foundation and its members?
Those interested can visit http://www.saf.org/.
Second Amendment Foundation/CCRKBA spokespersons available to be your guest:
ABOUT CHRIS CHENG (In Pacific Time)
Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community; a former Google employee who went from self-taught amateur to pro shooter.
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.
ABOUT LEE WILLIAMS (In Eastern Time)
Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years. He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor to Ammoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
CONTACT: To schedule an interview, contact Jerry McGlothlin of Special Guests PR Agency at 919-437-0001 or geraldmcg@outlook.com.
Hundreds of other guests/topics: Special Guests
