Federal Court Overturns Biden’s Firearm Regulation, Upholding Second Amendment Rights

In a landmark decision that sent shockwaves through the nation, an appeals court at the federal level decided against a controversial regulation introduced by the Biden administration.

The regulation, which sought to impose stricter controls on firearms that rely upon stabilizing braces, was deemed likely illegal by the court.

Stabilizing braces (or pistol braces) supply a surface area, allowing firearms to be fired from the shoulder. Earlier this year, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) went after guns equipped with these braces.

The agency reclassified such firearms as rifles, thereby imposing harsher restrictions on their ownership.

The ATF’s decision sparked outrage among gun owners and rights groups across the country.

Americans who owned pistol braces were given a stark set of choices: register their weapon, modify or destroy it, permanently remove and dispose of the brace, hand the firearm over to the ATF, or face criminal charges.

However, the Firearms Policy Coalition, a prominent gun rights group, challenged the ATF’s decision in court.

In a significant victory for gun owners, the 5th U.S. Circuit Court of Appeals ruled in favor of the plaintiffs. The court’s decision was based on the fact that the ATF targeted stabilizing braces without providing the public an opportunity to comment on the proposed regulation.

Judge Jerry Smith, who presided over the case, noted while the ATF did provide a public comment period on the proposed rule in 2021, the final regulation was so drastically different from the proposal.

Judge Don Willett concurred, adding the rule might infringe upon Americans’ Second Amendment right to bear arms.

Interestingly, the dissenting voice in the court’s decision came from Judge Stephen Higginson, an appointee of former President Obama. Higginson argued the regulation did not require public comment, as it merely interpreted a law passed by Congress.

Despite the dissenting opinion, the court’s ruling is a significant win for peaceable gun owners across the nation, according to Cody Wisniewski, the attorney representing the Firearms Policy Coalition.

The case has now been sent back to U.S. District Judge Reed O’Connor for review.

Neither the ATF nor the Department of Justice have commented on the court’s decision. As we await further developments, this ruling serves as a powerful reminder of the ongoing battle for Second Amendment rights in America.

This article appeared in The State Today and has been published here with permission.

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Written by Western Reader

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