Upholder Posted February 1, 2023 at 12:07 AM Share Posted February 1, 2023 at 12:07 AM Mock v. Garland (3:23-xc-00232) This is the FPC backed case against the new BATFE Pistol Brace rule docket Complaint: https://storage.courtlistener.com/recap/gov.uscourts.txnd.372604/gov.uscourts.txnd.372604.1.0.pdf Link to comment Share on other sites More sharing options...
Upholder Posted February 7, 2023 at 09:57 PM Author Share Posted February 7, 2023 at 09:57 PM Plaintiff's First amended petition for judicial review and injunctive relief: https://storage.courtlistener.com/recap/gov.uscourts.txnd.372609/gov.uscourts.txnd.372609.13.0.pdf Link to comment Share on other sites More sharing options...
davel501 Posted February 15, 2023 at 05:22 PM Share Posted February 15, 2023 at 05:22 PM If you want to support this case: Felon Slap- Firearms Policy Coalition| Mock V Garland | Big Tex Ordnance Link to comment Share on other sites More sharing options...
Upholder Posted February 22, 2023 at 04:19 PM Author Share Posted February 22, 2023 at 04:19 PM Plaintiffs' Brief in Support of their Motion for a Preliminary Injunction or, in the alternative, for Postponement of the Effective Date of the Final Rule: https://storage.courtlistener.com/recap/gov.uscourts.txnd.372609/gov.uscourts.txnd.372609.35.0.pdf Link to comment Share on other sites More sharing options...
Upholder Posted May 23, 2023 at 04:48 PM Author Share Posted May 23, 2023 at 04:48 PM The 5th Circuit has issued an injunction for "the Plaintiffs i this case" with regards to the pistol brace rule: Link to comment Share on other sites More sharing options...
cybermgk Posted May 23, 2023 at 07:31 PM Share Posted May 23, 2023 at 07:31 PM Link to comment Share on other sites More sharing options...
Upholder Posted May 23, 2023 at 08:37 PM Author Share Posted May 23, 2023 at 08:37 PM Discussion probably belongs in the judicial case thread: Link to comment Share on other sites More sharing options...
mauserme Posted May 23, 2023 at 08:45 PM Share Posted May 23, 2023 at 08:45 PM On 5/23/2023 at 3:37 PM, Upholder said: Discussion probably belongs in the judicial case thread: I merged 'em. Link to comment Share on other sites More sharing options...
steveTA84 Posted May 23, 2023 at 09:18 PM Share Posted May 23, 2023 at 09:18 PM FPC requesting clarification. Might not be a bad time to join them for $30 if you’re not a member already Link to comment Share on other sites More sharing options...
mkhalil61 Posted May 23, 2023 at 09:34 PM Share Posted May 23, 2023 at 09:34 PM Great news! Hopefully this sets motion for a nationwide injunction. Link to comment Share on other sites More sharing options...
cybermgk Posted May 24, 2023 at 03:13 PM Share Posted May 24, 2023 at 03:13 PM Link to comment Share on other sites More sharing options...
steveTA84 Posted May 26, 2023 at 07:46 PM Share Posted May 26, 2023 at 07:46 PM Member of FPC? You are exempt from the ATF ruling Link to comment Share on other sites More sharing options...
Hatchet Posted May 26, 2023 at 08:06 PM Share Posted May 26, 2023 at 08:06 PM I need to send them some money this weekend. Link to comment Share on other sites More sharing options...
steveTA84 Posted May 26, 2023 at 08:23 PM Share Posted May 26, 2023 at 08:23 PM https://secure.anedot.com/firearmspolicycoalition/march2023_joingaw?sc=joingaw Link to comment Share on other sites More sharing options...
cybermgk Posted May 26, 2023 at 10:20 PM Share Posted May 26, 2023 at 10:20 PM Confirmation of above Link to comment Share on other sites More sharing options...
steveTA84 Posted May 27, 2023 at 12:06 AM Share Posted May 27, 2023 at 12:06 AM GOA is going for it on their case too that got an injunction Link to comment Share on other sites More sharing options...
Yeti Posted June 1, 2023 at 03:55 AM Share Posted June 1, 2023 at 03:55 AM It looks like all SAF members are also now covered! Sounds like the same for GOA members based on other articles as well. Nice to see a leaning towards ending (or at least slowing) this abhorrent ATF action. Link to comment Share on other sites More sharing options...
davel501 Posted August 2, 2023 at 02:46 AM Share Posted August 2, 2023 at 02:46 AM 5th circuit overrules district court decision not to issue an injunction. Mock_v_Garland_Opinion.pdf Link to comment Share on other sites More sharing options...
steveTA84 Posted August 2, 2023 at 04:12 AM Share Posted August 2, 2023 at 04:12 AM On 8/1/2023 at 9:46 PM, davel501 said: 5th circuit overrules district court decision not to issue an injunction. Mock_v_Garland_Opinion.pdf 523.09 kB · 4 downloads And check this out….. Link to comment Share on other sites More sharing options...
yurimodin Posted August 2, 2023 at 03:49 PM Share Posted August 2, 2023 at 03:49 PM Where is the NRA's statement Link to comment Share on other sites More sharing options...
EdDinIL Posted August 2, 2023 at 04:23 PM Share Posted August 2, 2023 at 04:23 PM (edited) Not a lawyer here... Does that mean: 1) they issued an injunction 2) they ordered the lower court to issue an injunction and the lower court must comply ASAP 3) they ordered the lower court to consider issuing an injunction, which the lower court can still refuse to do, because feelings Edited August 2, 2023 at 04:24 PM by EdDinIL Link to comment Share on other sites More sharing options...
Euler Posted August 2, 2023 at 08:49 PM Share Posted August 2, 2023 at 08:49 PM District case 4:23-cv-00095Appellate case 23-10319 on the preliminary injunction The appellate court reversed the denial to issue a preliminary injunction and remanded the motion for a preliminary injunction back to the district court without limitation. The district court is directed to resolve the motion within 60 days (of August 1). The Appellate court had issued its own injunction on May 23 pending appeal. It has extended that injunction for 60 days to cover the time until the district court reconsiders the motion. CA5 said:... We place no limitation on the matters that the conscientious district court may address on remand, and we give no indication of what decisions it should reach, regarding a preliminary injunction or any other matter. So the district court can do whatever it wants. However, the district court just got reversed, so in practice "whatever it wants" pretty much means that the terms of the injunction are up to the court, but there has to be an injunction. ... and of course, the case itself has not yet been heard. All this furor is about a preliminary injunction. Nevertheless, we should probably expect the government to petition the Supreme Court quickly. Maybe Alito will stay the circuit court like he did for aluminum blocks (VanDerStok). Link to comment Share on other sites More sharing options...
Euler Posted August 9, 2023 at 03:34 AM Share Posted August 9, 2023 at 03:34 AM On August 4, the district judge set the following schedule for the reconsideration of a preliminary injunction. August 18: plaintiffs' brief to plead for the preliminary injunction is due September 1: defendants' response is due September 9: plaintiffs' reply is due Link to comment Share on other sites More sharing options...
Tvandermyde Posted October 3, 2023 at 09:20 PM Share Posted October 3, 2023 at 09:20 PM Link to comment Share on other sites More sharing options...
mab22 Posted October 4, 2023 at 08:16 PM Share Posted October 4, 2023 at 08:16 PM On 10/3/2023 at 4:20 PM, Tvandermyde said: So how does this effect the GRIP Easterbrook has on the Illinois case, which I forgot what it is called... Link to comment Share on other sites More sharing options...
Euler Posted October 11, 2023 at 01:32 AM Share Posted October 11, 2023 at 01:32 AM On October 2, as noted above, the judge preliminarily enjoined enforcement of the "final rule" against the plaintiffs, which include FPC. [Expect the government to appeal.] On October 3, the judge ordered the parties to confer for a joint status hearing to be held on October 31. [That's probably when the court will schedule the discovery and argument for the main case.] Link to comment Share on other sites More sharing options...
Euler Posted November 8, 2023 at 04:06 AM Share Posted November 8, 2023 at 04:06 AM On October 10, 2023 at 08:32 PM CDT, Euler said:→... On October 3, the judge ordered the parties to confer for a joint status hearing to be held on October 31. [That's probably when the court will schedule the discovery and argument for the main case.] On November 3, based on the October 31 status report, the judge set the following schedule: Nov 14: Mock to file brief for summary judgment Dec 18: government to file response to Mock's motion and to file brief for cross-motion for summary judgment Jan 17: Mock to file reply to government's response and to file response to government's cross-motion Feb 7: government to file reply to Mock's response to government's cross-motion Link to comment Share on other sites More sharing options...
Euler Posted December 9, 2023 at 12:34 AM Share Posted December 9, 2023 at 12:34 AM On October 10, 2023 at 08:32 PM CDT, Euler said:→On October 2, as noted above, the judge preliminarily enjoined enforcement of the "final rule" against the plaintiffs, which include FPC. [Expect the government to appeal.] ... On November 29, the government appealed the preliminary injunction to the 5th Circuit Court. The 5th Circuit Court assigned it docket 23-11199. Link to comment Share on other sites More sharing options...
Euler Posted December 30, 2023 at 05:08 AM Share Posted December 30, 2023 at 05:08 AM On December 22, CA5 consolidated several cases including this one. 23-11157 SAF v ATF (which is itself the consolidation of several cases at the district level) is consolidated with 23-11199 Mock v Garland (this case) 23-11203 Britto v ATF 23-11204 TX Gun Rights v ATF 23-40685 TX v ATF Link to comment Share on other sites More sharing options...
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