In the case of Britto v. ATF the judge has said that due to 5th circuit precedent and the facts at hand, the plaintiffs have a likelihood of success on the merits and therefore finds the ATF violated the APA and placed a nationwide block on the "Brace Rule"
Hey everybody, how's it going? Welcome back to Copper Jacket TV. So, I'd love bringing you guys good news, and today is definitely one of those days. If you were somebody who was kind of upset because the FPC's lawsuit or the GOA's lawsuit, which got an injunction placed against enforcement of the brace rule, only applied to its members and the organization itself for the plaintiffs, well, guess what? Today is your day because a judge basically just struck down the brace rule, and now it's not enforceable against anyone. So, we have a nationwide block of the ATF's brace rule. Let's talk about what happened; it's awesome.
Okay, so let's go and talk about what's going on here because this is very exciting. It just broke late last night, and it's very good news. As I'm sure most of you are aware, there were multiple lawsuits that were filed against the ATF once they published their final rule on braces. Some challenged the final rule on Second Amendment grounds; others challenged it on procedural federal grounds. Now, the FPC and the GOA had already both won injunctions in their cases, which covered the members, but it didn't cover the entire country.
There was another case out there which we're talking about today, which is Brid VATF, and that was challenging the final rule on administrative grounds. So basically, saying that the ATF didn't follow the APA or the Administrative Procedures Act when they came out with their final rule. What they're saying is that the ATF came out with these proposed rules, then there was a comment period. Now, after the comment period, the final rule should be in line with the rule that people commented on, right? So, it should be fairly similar, so to speak. What the ATF did is they had a proposed rule people commented on it, and then the final rule that came out was completely different—no worksheets, none of that, and it was totally changed from what people had commented on. So again, they didn't follow the correct procedure when coming out with their final rule. And so, this judge says that basically makes this new rule illegal and completely unenforceable and for the entire country, not just for the plaintiffs, not just for any members or anything like that. And these plaintiffs are veterans; these are guys who served this country. But this is a case that affected everyone.
Now, I'm sure there are people out there who are going to say it's just going to be appealed, and that's probably true. But who's it going to get appealed to? This is a case out of Texas, which means it would be appealed back up to the fifth circuit, which has already weighed in on this issue. So, I don't think we have anything to worry about, even from the fifth circuit. And one of the interesting things here is that this District Court Judge, which basically overturned this law for the whole country, used the FPC's case when making his decision. So, here on page four, it says, "Recent precedent, this court does not begin with a blank slate as the parties have acknowledged the recent case of Mock V Garland, which is the FBC case, provides substantial guidance." There, a firearms advocacy group, individual brace pistol owners, and an accessories manufacturer and retailer brought action under the APA, challenging the same rule before the court. Now, on appeal, the fifth circuit held that the rule was not a logical outgrowth of the proposed rule.
So, the logical outgrowth meaning that it's somewhat in line with the proposed rule that people were allowed to comment on. The monumental error was prejudicial, and that it must be set aside as unlawful. That's a quote from Mock V Garland. So, you saw it right there, the judge's own words basically saying that the Mock V Garland case, which again was brought forth by the FPC and other plaintiffs, played a big role in the judge's decision-making because those cases have advanced further than this case. Because there have already been judges that have weighed in and granted injunctions and said that the plaintiffs have a likelihood of success on the merits. This judge agreed with those other judges and saw that the APA was not followed, and this is an illegitimate rule. And so, basically, the judge said, you know what? Then this rule should not apply to anybody and again overturned it for the entire country.
So, the bottom line here is that one violates our Second Amendment rights. We've seen that because these other cases, again, have challenged it on Second Amendment grounds. These other cases, including this case, have challenged it on procedural grounds, and it violates those procedures. So again, in multiple ways, this law or this rule, whatever they want to call it, it's a law because it affects people's freedoms, but this rule should not exist. And so, for everybody out there right now, as of at least the time I'm making this video, the brace rule is no longer in effect. At least, for the time being, we'll see what happens in the future, and I'll keep you guys updated. But that's some pretty good news for now.
So, I want to thank you all very much for watching. I really do appreciate it. Please like, subscribe. You guys have a great day.