Federal Judge Issues Preliminary Injunction Against ATF Representing WILL’s 7th win Against the Biden Administration
The News: Today, the Wisconsin Institute for Law & Liberty (WILL) announced a significant legal victory in federal court, obtaining a preliminary injunction that will protect hundreds of thousands of firearm owners across America. WILL is representing the National Association for Gun Rights Inc. (NAGR) and Texas Gun Rights, Inc. (TGR) on behalf of their members in the case.
The Quotes: WILL Deputy Counsel, Lucas Vebber stated, “The Biden Administration’s attempt to ignore the law has once again fallen flat in the courtroom. This new ruling protects the rights of hundreds of thousands of America gun-owners and law-abiding citizens. Make no mistake, WILL stands ready to protect and preserve America’s separation of powers and the Constitutional rights of all Americans.”
Dudley Brown, President of the National Association for Gun Rights, “Biden’s ATF is a rogue entity, and we are proud to act alongside WILL to protect our members – law-abiding American citizens. We will continue to stand against the federal government’s attacks on our rights.”
Chris McNutt, President of Texas Gun Rights, stated, “This win over the ATF will send a message that any abuse of power will be confronted in the courtroom. We are thankful for organizations like WILL who have been partners in standing up against the anti-gun Biden administration. The fight is not over, but this victory today is an incredible step forward.”
Background: The lawsuit argued that a new rule from ATF usurped Congressional authority by significantly expanding the definition of “rifle” under federal law, imposing potential criminal liability on millions of Americans for exercising their Second Amendment rights.
Earlier this year, ATF adopted a new rule requiring up to 40 million gun owners to either give up their pistols or place their name on a registry and pay a tax. Under the new rule, ATF re-defines pistols with stabilizing arm braces as “short barrel rifles.”
Law-abiding citizens who do not register their pistols with ATF, or who are unable to navigate ATF’s notoriously slow red-tape-plagued process, would have faced up to 10 years in jail and a potential $10,000 fine. ATF says gun owners must either register their firearm, “turn the firearm into your local ATF office,” or “destroy the firearm.”
The Win: WILL sought a preliminary injunction to protect the members of the NAGR and TGR from ATF’s unlawful rule. This morning, a federal judge granted that request and issued the injunction that will remain in force while the lawsuit is pending.
WILL’s Preserving Democracy Project: This new federal Second Amendment case is part of WILL’s Preserving Democracy Project. The project enforces the structural limitations on government power, hold bureaucrats to the rule of law, and fight back against rogue government officials at the local, state, and federal level—who act beyond the authority given to them.
- Preliminary Injunction Granted, October 2023