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  • The RO Team

Texas Federal Judge Blocks Biden's Stabilizing Brace Rule, Preserving Second Amendment Rights

Updated: Jul 1, 2023

As the Biden administration continues its efforts to restrict Second Amendment rights, a federal judge in Texas has issued a temporary injunction against President Biden's stabilizing brace rule, preventing its immediate implementation.

The rule, introduced by President Biden in response to mass shootings involving firearms equipped with stabilizing braces, sought to categorize pistols with attached stabilizing braces as short-barreled rifles. It would have required affected individuals to either permanently remove the brace, register it with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), or face severe penalties, including fines and imprisonment.

The rule was set to go into effect on June 1, but following a lawsuit filed by gun rights advocates and Texas Attorney General Ken Paxton, Judge Drew B. Tipton of the U.S. District Court for the Southern District of Texas granted a preliminary injunction, temporarily halting its implementation.

Paxton had previously filed a motion in April, arguing that the rule would criminalize millions of law-abiding citizens and impose unnecessary burdens on Texas police who use firearms with stabilizing braces.

This recent order from Judge Tipton builds upon a previous ruling by the 5th Circuit Court of Appeals, which prevented the ATF from fully enforcing the rule against plaintiffs' customers. This ruling protected them from the requirement to register their pistol braces with the ATF.

Gun Owners of America, one of the plaintiffs in the case, expressed gratitude to Judge Tipton for his decision, acknowledging the importance of preserving Second Amendment rights.

The injunction provides temporary relief to gun owners and advocates while the legal battle surrounding the stabilizing brace rule continues.


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