MSSA Thoughts: Pistol Brace, Injunctions, Legal Matters, and More


Much seems to be taking place in the ‘Pistol Brace’ world and here are Gary Marbut’s (President of the Montana Shooting Sports Association) thoughts on the matter. Please share this article far and wide with your friends throughout the state.

Dear MSSA Friends,

“Another and different federal district court has ruled on the BATFE’s new pistol brace rule in Texas.  The plaintiffs, in this case, are the Second Amendment Foundation and Gun Owners of America.

As with previous federal court rulings, this court granted a preliminary injunction against rule enforcement in favor of the plaintiffs.  Further, the court clarified that the injunction bars enforcement against plaintiffs’ members nationwide.

MSSA has long been associated with SAF and GOA.  However, MSSA is now also a member of both.  Thus, it can be argued that the federal court’s most recent injunction applies to MSSA members, as well as the separate injunction protecting members of the Firearms Policy Coalition.

This is no guarantee or get-out-of-jail-free card, but it is an argument that should be raised if there is any BATFE enforcement of the pistol brace rule against an MSSA member.  My theory is that BATFE lawyers will have BATFE agents walking on eggshells at this point, being careful to not rock the legal boat with questionable enforcement attempts while all these legal balls are in the air.

Under this condition, that MSSA is a member of protected FPC, SAF, and GOA is not an absolute trump card for MSSA members to play if needed, but it is a possible ace to hold in reserve, maybe even a pair of aces.

Remember, if you’re not yet a member, you can join MSSA at:

Meanwhile, there is another lawsuit over the pistol brace rule percolating in North Dakota.

And, another bit of very good news is that the preliminary injunction against the pistol brace rule granted by three different federal court judges and the Fifth Circuit Court of Appeals means that all of these jurists believe that the plaintiffs are likely to win when the merits of each case are considered.

So, my wet finger in the legal wind suggests there is a near certainty that the pistol brace rule will eventually be completely stricken by the courts.  This will be either because the BATFE’s implementation of this rule change violated the Administrative Procedures Act (a weak win), because the rule is an impermissible and overreach extension of a law passed by Congress (a stronger win), or because the rule (and maybe even the NFA) violates the Second Amendment under the new Bruen analysis standard (the strongest win).

I still think the best temporary solution is to just slap a 16″ upper on your braced AR lower (as the BATFE suggests), (if you have one), to become compliant while we wait for the legal dust to settle.

May you live in interesting times.  Stay tuned for more as this drama evolves.”

Best wishes,

Gary Marbut, President

Montana Shooting Sports Association

Author, *Gun Laws of Montana*

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