The ATF can’t arrest anyone for owning a pistol-brace-equipped gun.
That’s the outcome of a ruling handed down by United States District Court Judge Matthew Kacsmaryk on Wednesday. He granted a motion to stay enforcement of the agency’s rule banning the possession of effectively all braced guns that weren’t registered earlier this year. He found the ATF exceeded its power when crafting the rule.
“[T]he Court is certainly sympathetic to ATF’s concerns over public safety in the wake of tragic mass shootings. The Rule ’embodies salutary policy goals meant to protect vulnerable people in our society,’” Judge Kacsmaryk wrote in Britto v. ATF. “But public safety concerns must be addressed in ways that are lawful. This Rule is not.”
It is a war of attrition and for once, our side is the one causing it.
Two favorable rulings in a row makes me feel slightly confident, but I know better that dance a jig.