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BIG PISTOL BRACE RULING! ATF in TROUBLE! Mock v. Garland, Texas, FPC, Injunction, Analysis
BIG PISTOL BRACE RULING! ATF in TROUBLE! Mock v. Garland, Texas, FPC, Injunction, Analysis.
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FPC lawsuit contained 6 factors: (1) that the final ATF rule that all but bans pistol braces infringes on individual FPC members’ Second Amendment Rights; (2) that it violates the First Amendment by chilling speech; (3) that it runs afoul of the Fifth Amendment’s due process guarantee; (4) that it violates structural power vesting provisions of the Constitution; (5) that it violates the Administrative Procedure Act (“APA”) as it was issued in excess of ATF’s statutory authority; and (6) that it violates the APA’s procedural requirements because it was not a logical outgrowth of the Proposed Rule.
Link to District Court Decision in Mock v. Garland by the Firearms Policy Coalition
https://assets.nationbuilder.com/firearmspolicycoalition/pages/6710/attachments/original/1696319429/Mock_v_Garland_92_Order_on_Motion_for_Preliminary_Injunction.pdf?1696319429
June 10, 2021, notice of proposed rulemaking
https://www.federalregister.gov/documents/2021/06/10/2021-12176/factoring-criteria-for-firearms-with-attached-stabilizing-braces
January 31, 2023 final rule
https://www.federalregister.gov/documents/2023/01/31/2023-01001/factoring-criteria-for-firearms-with-attached-stabilizing-braces
Contents of this video:
0:00 - Intro
0:51- Summary
3:56 - Case Details
4:38 - Prelim Injunction
6:04 - APA Issue
9:22 - The 2nd Amendment
12:22 - ATF’s Regulatory Analysis
15:28 - Bottom Line Takeaways
17:22 - Quote of the Day
Attorney Tom Grieve is a former state criminal prosecutor from Wisconsin before eventually founding what is now the state's largest criminal defense firm at more than 20 attorneys. In 2019 the firm expanded into family law and added a dedicated team of professionals to further serve clients with similar aggressive and proven strategies.
Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.
In addition to speaking engagements, Tom has also contributed to the national conversation in writing on emerging legal topics and has been published in Conceal Carry Magazine and elsewhere on multiple occasions. He also edited the book and contributed legal input on various other publications, including the "Wisconsin Guide for Armed Citizens" on behalf of the National Association of Certified Firearm Instructors.
Tom Grieve is recognized among the top Wisconsin and Milwaukee area lawyers. Recently named once again as a top Wisconsin criminal defense attorney, Tom was inducted into the “Wisconsin Rising Star” category by Super Lawyers (a nationally acclaimed attorney rating organization). He was also chosen as a "Top 100 Trial Lawyers" in Wisconsin by the National Trial Lawyers Association. Tom was also chosen for the "Top Attorneys of Wisconsin" by both Milwaukee Magazine and Madison Magazine.
To learn more, check out his law firm's website a www.GrieveLaw.com
Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems. This video is for educational purposes only and any clips or images shown are under fair use.\
#pistolbrace #2ndamendment #atf
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