Biden’s Attempt To Use ATF To Regulate Pistol Braces Ruled 'Likely Illegal' By Federal Appeals Court

About this video

Colion breaks down a recent Fifth Circuit Court of Appeals ruling that temporarily blocked the ATF’s pistol brace rule and sent the case back to district court for reconsideration. He explains how the appeals court found, in his view, that the ATF’s final rule may have violated procedural requirements because it differs too much from the originally proposed rule. Colion walks through the legal standards for preliminary injunctions and argues that the ruling demonstrates the importance of judicial appointments to Second Amendment rights.

Key takeaways

• Colion reports that the Fifth Circuit found the ATF’s final pistol brace rule may not be a ’logical outgrowth’ of the initial proposed rule, potentially violating administrative procedure requirements
• According to Colion, the court issued a 60-day preliminary injunction and remanded the case to district court to reconsider whether plaintiffs meet all four factors for an injunction
• Colion emphasizes that the split decision (two judges for plaintiffs, one for ATF) followed party lines based on which president appointed each judge, illustrating his view that elections directly impact gun rights

Episode details: published August 5, 2023 · 9:04 long. Summary written by Self Growth Videos from the episode itself. Colion Noir’s legal commentary reflects his positions and teaching, attributed to him — it is not legal advice. His defensive-incident breakdowns are his analysis of reported incidents, attributed to him.

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