Wednesday, October 4, 2023

US District Court in Texas Issues Preliminary Injunction Against Government in Stabilizing Brace Lawsuit


Matt Funicello reporting for RedState 

In yet another victory for the Second Amendment, the U.S. District Court for Northern Texas issued a preliminary injunction against the Federal Government which prevents the ATF and other law enforcement entities from enforcing a new rule regarding stabilizing braces for rifle caliber pistols. This followed yet another big win for the same case in a similar ruling by the 5th Circuit Court of Appeals, where they ruled the pistol brace rule was unlawful. Firearms Policy Coalition was the lead counsel representing the plaintiff in this case. This chalks up yet another legal victory for the advocacy group, which prides itself on going through copious amounts of ink and paper in printing so many lawsuits.

Here's a good explanation of what a pistol brace actually does: 



This ruling, now by two federal courts, will set the stage for a probable Supreme Court hearing on this case and a few others that the FPC and other gun rights advocacy groups are heading up. There are dozens of active court cases right now, ranging from California's handgun roster to the so-called "assault weapons" ban, as well as a slew of others. FPC, along with the other groups, are actively and courageously fighting state governments, along with the Federal government, against all their attempts at destroying our Second Amendment rights; the 9th Circuit alone has 12 cases against California in front of it.

When it comes to the Second Amendment, the hostility shown to it has reached epic levels in the past ten years alone. More and more often, you hear and or see the left demonstrate their ignorance regarding the Second Amendment. Gun owners are either demonized, belittled, or gaslighted, but most importantly, law-abiding gun owners are always the ones who pay the price for the criminal acts of a few.

...the Second Amendment wasn't about hunting, it wasn't about sport shooting; it was literally about the God-given right of the individual to own and carry weapons of war to protect themselves and their property from a tyrannical government. The rights are given to us by our creator, NOT by the Federal government, not by any body of government. It was given to us as part of the checks and balances our Founders spoke about. We, as Americans, are the only people on Earth who have that right, that power. But the more time goes on, the more Americans are lied to by elitists like Biden, Harris, and countless others, who say we are being overly paranoid and that we are the problem. We are the ones that need to disarm for the common good. 

Our rights do not give a damn about your feelings. Americans need to finally come to terms with that fact and stop capitulating our rights to a corrupt and power-hungry government. We have a fundamental problem in this country, when the nation that our Founders founded with the blood and sweat of their friends and families is being relegated to the dustbins of history. Our politicians have abdicated their responsibilities to the courts, and we, as voters, have abdicated our rights and responsibilities to the politicians. Make no mistake about this: the left will never stop when it comes to guns.

As long as groups like the Firearms Policy Coalition, National Association for Gun Rights, and others are taking the fight to the government, we have a good chance to not only protect our natural rights but possibly even restore the rights that have been taken away. As I mentioned above, with all the lawsuits pending and several of them being re-heard in the light of the Bruen SCOTUS Ruling, some of these bigger cases, of which several are from California, we may see SCOTUS actually issue Writs of Certiorari for some of them. Some of the legal and Second Amendment experts that I have spoken to all agree that SCOTUS will most likely take up California's so-called "assault weapons" ban, along with the state's illegal handgun roster. 

The Golden State's safe handgun roster has been a very sore spot for Californians since its enactment in 2001. It made it illegal to manufacture, sell in, and import to California any semi-automatic handgun that hasn't met the state's firing, safety, and drop tests, as well as meeting the state's internal criteria of what a safe handgun is. The law was designed to eventually phase out handguns in the state due to the listing requirements. For any one gun to be added, five guns had to be removed, and manufacturers had to renew existing guns on the roster, or they were removed. For any cosmetic or minor mechanical change to an existing gun on the roster, the manufacturers were required to submit to the state five models of the gun for testing, which they never got back. And if they failed to do so, it was removed. As such, the roster of approved guns has shrunk continuously over the years, and now fewer and fewer handguns are offered to the public. For example, in California, nobody can purchase any Glock handgun model past a generation three model. Additionally, any new Glock model made after 2009 can't be bought in California because Glock stopped submitting to the state's requirements, and they weren't the only company to do that either. 

Americans all across the country, especially here in California, are eagerly awaiting the next step in all these cases. We especially are looking forward to SCOTUS actually hearing the case I spoke of as well. We want our God-given rights back, and seeing the left meltdown when we win is another great gift to get.