Post by mapper on Jun 14, 2024 13:28:22 GMT -5
ATF Pistol brace Rule invalidated in 5th district as violation of Administrative Procedures Act.
The courts opinion and order
pistol brace invalidated
Good ruling..another executive branch over reach at legislation stopped.
Furthermore, there is a such a radical discrepancy between the Proposed Rule’s worksheet based system and the Final Rule’s indeterminate test that the public (including Plaintiffs) were not given adequate notice or the ability to comment on the substance of the Final Rule. The Fifth Circuit correctly held that “because the Final Rule bears almost no resemblance in manner or kind to the Proposed Rule, the Final Rule fails the logical-outgrowth test and violates the APA.” Mock, 75 F.4th at 578.
In short:
Nothing in the Proposed Rule put the public on notice that the Worksheet would be replaced with a six-factor test based on almost entirely subjective criteria. Nor was the public, which criticized the subjective nature of the purportedly objective criteria of Worksheet 4999 and its overbreadth, see, e.g., Final Rule at 6513–14, 6521–22, 6527, 6529–30, put on notice that not only would the ATF change the criteria, but it also would make the criteria so expansive as to subject an estimated 99% of stabilizing braces on the market to enhanced regulations and increase the economic effect of the Rule by over $100 million.
Id. at 583–84 (footnote omitted).
In short:
Nothing in the Proposed Rule put the public on notice that the Worksheet would be replaced with a six-factor test based on almost entirely subjective criteria. Nor was the public, which criticized the subjective nature of the purportedly objective criteria of Worksheet 4999 and its overbreadth, see, e.g., Final Rule at 6513–14, 6521–22, 6527, 6529–30, put on notice that not only would the ATF change the criteria, but it also would make the criteria so expansive as to subject an estimated 99% of stabilizing braces on the market to enhanced regulations and increase the economic effect of the Rule by over $100 million.
Id. at 583–84 (footnote omitted).
The courts opinion and order
pistol brace invalidated
Good ruling..another executive branch over reach at legislation stopped.