Preliminary Injunction on Pistol
Brace Rule for State of Florida

By Dean Weingarten. Feb 7, 2024

In the case of Colon v BATFE, United States District Judge Mary S. Scriven has granted an order for a preliminary injunction to prevent the BATFE, the Department of Justice, and others from enforcing the Final Rule against any Florida resident who has purchased or who may purchased in the future, any brace-equiped firearm before the resolution of the court case. From the order:

Upon consideration of the foregoing, it is hereby ORDERED that Plaintiffs' Motion for Preliminary Injunction, (Dkt. 21), is GRANTED in PART and DENIED in PART. It is hereby ORDERED that Defendants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Steven Dettelbach, United States Department of Justice, and Merrick B. Garland, their agents, servants, employees, officers, and all other persons who have notice of this Order and are in active concert or participation with Defendants, be and are, without prior written or oral notice, preliminarily restrained and enjoined from, in any way, either directly or indirectly, enforcing the Final Rule against the named Plaintiffs and 2nd Amendment Armory's past and future customers (collectively, "Covered Persons") who reside in the State of Florida.

For purposes of this injunction, the term "customer" includes any Florida resident who has purchased or subsequently purchases a brace-equipped firearm from 2nd Amendment Armory before final resolution of this action. The injunctive relief authorized by this Order expressly does not grant Covered Persons any additional privileges during interstate travel. Covered Persons engaging in interstate travel are required to comply with any requirements pertinent to traveling with their respective firearms in existence before the Final Rule became effective.

In effect, the order of the court means there will be no enforcement of the BATFE "Final Rule", which declares most pistols with arm braces attached to be short barreled rifles, subject to all the onerous restriction of the National Firearms Act. .....


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