Federal Judge Blocks Pistol Brace Ban

[Lawdog Dago Dom]

Federal Judge Blocks Nationwide Enforcement of Pistol-Brace Ban | The Reload

[Blackwater 53393]

It would be better if the court permanently enjoined the ATF and other bureaucracies from EVER writing laws!! 

[Chickasaw Bill SASS #70001]

It would be lots better if all the gun laws , NFA34 , FFA38 , GCA68 , and all the rest were thrown out 

 

 AND if there were 1 prosecutor with enough moxie to charge the fools with civil right infringement charges 

 

  Chickasaw Bill 

[John Kloehr]

20 hours ago, Blackwater 53393 said:

It would be better if the court permanently enjoined the ATF and other bureaucracies from EVER writing laws!! 

The executive branch has no authority to write law. That is what this preliminary injunction explained.

 

By making possession of arms which were legal into possession of illegal arms, the rule is legislative, not interpretive. The executive can only interpret.

 

So this judge ruling on an appeal for a preliminary injunction found the plaintiffs were likely to succeed in a trial on the merits; trial on the merits has not yet happened.

 

Finding the plaintiffs likely to succeed on the merits is just the first of several tests to issue a preliminary injunction; this ruling only addressed the first test, finding the lower court erred on this step.

 

So now there is a preliminary injunctions, but it is not the injunction the plaintiffs sought from the lower court.

 

The ruling remands the question back to the previous court to begin with the first step found in the affirmative, and to evaluate the remaining questions for a preliminary injunction. The preliminary injunction in the above ruling is for 60 days, or until the lower court issues a ruling based on the remaining question, The lower court is also instructed to rule in the next 60 days.

 

And all of this is just for a preliminary injunction, it is not a trial on the merits.

 

For up to 60 days, the injunction is in place until the lower court rules again on a preliminary injunction for the purpose of a trial on the merits. The current injunction is only lasts until the lower court rules again. And the trial is still in the future, then an appeal is likely no matter the outcome.

[Blackwater 53393]

A permanent injunction, prohibiting the executive branch and its massive bureaucracy from putting “pen to paper” in any way that regulates the constitutionally protected rights of citizens, would put an end to the defacto creation of “laws” that lack the authority of an elected representative legislature!!

 

 

[Mossy Horn Gent]

The ban is not lifted. Per the preliminary injunction, the ATF is not allowed to enforce the ban for now.