Texas judge rules the ATF pistol brace rule is void.
Happy Independence Day!
As our American founding fathers began laying the foundation for our country, they laid out every American’s inalienable rights. One of the basic fundamental rights came in the form of the 2nd Amendment.
Throughout history, our basic foundational rights to bear arms have been threatened in and out of our government system. The most recent has come in the form of the ATF’s Factoring Criteria for Firearms With Attached “Stabilizing Braces.”
Although the government is working hard to limit our rights there is one critical win that came on June 13th from Federal District Judge Reed O’Connor of the North District of Texas. He held that the ATF’s pistol brace rule is void and that the ATF’s conduct violated “[Administrative Procedures Act]’s procedural requirements because it was arbitrary and capricious and was not a logical outgrowth of the Proposed Rule…” See, Mock, et al., v. Merrick Garland, et al, No: 4:23CV00095-O, Northern District Texas, June 13, 2024, at p. 12.
Judge O’Connor concluded that “the Final Rule violated the APA’s procedural requirements because it was not a logical outgrowth of the Proposed Rule.” Id., at p. 6.
Thank you Judge O’Connor for upholding our foundational rights to own and operate our firearms in the way that we choose.
Shockwave supports your choices and gives you four different options for pistol braces. Each option creates a customized and comfortable look and feel. Whether it’s the original Blade, or the Blade 2M, Blade Stealth or Blade Classic we know it will be exactly what you are looking for to create the perfect fit.
Celebrate Independence Day and this huge victory for gun rights!
So what’s new on the legal front with regard to pistol stabilizing braces? Well, as we anticipated in an earlier blog, the Department of Justice did in fact appeal Judge Matthew Kacsmaryk’s ruling in Britto v. ATF to the 5th Circuit Court of Appeals. One of the ATF’s main arguments is that the Northern District of Texas Court shouldn’t have applied the ruling from Judge Reed O’Connor (also of the Northern District of Texas Court) in the Mock v. Garland case in determining issuance of the nationwide injunction that’s currently in place. You may remember that relief in the Mock v. Garland case included an injunction for members of the Firearms Policy Coalition, Second Amendment Foundation, Gun Owners of America, and others.
Now if that all sounds a bit like legalese word salad, that’s because it kinda is. NGL The short and sweet of it all is that we gun owners still enjoy a nationwide injunction on the pistol stabilizer brace ban that the ATF tried to put in place. The ATF is appealing the injunction at the 5th Circuit Court of Appeals. Do they stand a chance of winning? Doubtful. The ATF has lost two big cases at the 5th Circuit in recent years: the bumpstock ban and the ghost gun ban. And those cases weren’t nearly the clear-cut violation of the 2nd Amendment that this overreach is.
So what’s next, you ask? As we wrote before, the consensus within the legal community is that the 5th Circuit Court of Appeals will support the injunctive relief and issue a permanent injunction in the coming months. The various lawsuits against the ATF will continue for some years. No doubt that the issue will find itself in front of the U.S. Supreme Court at some point. In the meantime, Americans will be protected by the injunctions
Pistol stabilizers improve the shooter’s safety and accuracy as the AR pistol is stabilized on their forearm for support. Examples of a pistol stabilizer:
How many times have you ordered something absolutely miniscule from, say, Amazon—and it arrives in a huge, unnecessary box? Just last week, I ordered a micro SD card for my digital camera (yes, I still use one of those LOL). The box it showed up in was comparatively enormous. Nearly the size of a shoebox. For something that’s literally smaller than my thumbnail? Yes, companies like Amazon are getting better about this and now often ship smaller, more durable products in bubble-padded envelopes. Why? Because frugal packaging benefits everybody.
I don’t need to tell you about wasteful packaging in the firearm industry. Sometimes the box is almost more impressive than the product itself. I can’t tell you how many times I’ve unboxed one of my own firearm accessory purchases and thought: “How much did just this box cost? And all the various layers of laser-cut foam? How much extra in shipping did this cost me due to the increased shipping size? Seriously, how much am I into this silly box alone? I almost can’t bring myself to throw this thing in the trash.” Cue hoarder memes.
Whether we like to think about it or not, who ultimately pays for all the designing, manufacturing, printing, and labeling of the fancy packaging–and the additional shipping costs? The consumer does. And what do you do with that fancy little box you may have just inadvertently paid five dollars for? Discard it immediately? Or squirrel it away with all of your sundry smartphone and tablet boxes for the next 40 years—until you or someone else decides to finally get rid of it?
Shockwave does things differently. As you can tell from our retail prices, we believe in providing top-quality products all while keeping costs down. We accomplish this through myriad ways—in-house design, material selection, bulk purchasing agreements with vendors, frugal packaging, and more. But frugal packaging is perhaps one of the more obvious to our customers. Our products are made of high-strength polymer and don’t require over-the-top, wasteful packaging. Many times, we can package and ship our accessories in little more than a branded poly bag. As this costs us less to package and ship, we pass those savings directly onto you. What’s more, I don’t believe any of our customers are ever conflicted about whether or not to toss an opened poly bag.
Win-win.
Also, though we may not want to admit it to the liberals, we all live on planet Earth. And it’s our providence to take care of it for our children and our children’s children. I mean, isn’t Taylor Swift and her private jet doing enough damage on their own? LOL
Last Wednesday, Judge Matthew Kacsmaryk of the United States District Court in the Northern District of Texas granted injunction relief (an injunction) to prevent the ATF from enforcing the ATF’s Factoring Criteria for Firearms with Attached Stabilizing Braces rule-nationwide. What does this mean? In short, as far as pistol braces go, we’re back to 2021.
To obtain this injunction, the plaintiffs needed to satisfy four rules:
They must be likely to prevail on the merits.
They would suffer irreparable harm if denied.
The injury outweighs any harm that would be caused if the injunction is granted.
The public interest supports relief.
Judge Kacsmaryk also noted that the rule would cause horrendous strain on companies who produce stabilizing braces. “Additionally, ATF admits the 10-year cost of the Rule is over one billion dollars,” he wrote. “And because of the Rule, certain manufacturers that obtain most of their sales from stabilizing braces risk having to close their doors for good.” Here at Shockwave, we are very thankful for all the support our customers and 2nd amendment organizations have provided to help keep the fight going. We wouldn’t still be here without you.
In the ruling Judge Kacsmaryk stated,“[T]he Court is certainly sympathetic to ATF’s concerns over public safety in the wake of tragic mass shootings. The Rule ’embodies salutary policy goals meant to protect vulnerable people in our society,’” Judge Kacsmaryk wrote in Britto v. ATF. “But public safety concerns must be addressed in ways that are lawful. This Rule is not.”
There are two main items he noted in his ruling for injunctive relief:
The ATF did not follow the Administrative Procedures Act (APA).
He wrote, ‘[t]he controlling law of this case is that the Government Defendants’ promulgation of the Final Rule ‘fails the logical-outgrowth test and violates the APA’ and ‘therefore must be set aside as unlawful’ under the APA,’”
The ATF is violating the 2nd Amendment.
He added,“Absent injunctive relief, the Final Rule will impair and threaten to deprive them of their fundamental right to keep and bear commonly used arms as a means of achieving the inherently lawful ends of self-defense. See U.S. CONST. AMEND. II (providing that the ‘right of the people to keep and bear Arms, shall not be infringed.’).”
Here at Shockwave we worked tirelessly with U.S. Congressman Bilirakis, U.S. Congresswoman Anna Paulina Luna, and U.S. Senator Rick Scott to help overturn this rule through the power of the vote. While it won in the House, it did fail in the Senate. So, it was back to the courts to help stop this overreach. Throughout the recent months there have been many injunctions set in place for Gun Owners of America, Second Amendment Foundation, FPC, and more. However, in order to be protected you would have needed to be named plaintiff or a member of one of these originations. With this new nationwide injunction from Judge Kasmaryk, that is no longer the case. All Americans are protected.
We are very thankful for all the hard work these 2nd amendment organizations do to help support companies like us and law abiding citizens who enjoy their 2nd amendment rights. So where do we go from here? Most certainly the Justice Department will appeal this ruling to the 5th Circuit Court of Appeals. The consensus among the legal community is that they will support the injunction relief and issue a permanent injunction in the coming months. As to the various lawsuits themselves? These will be a long endeavor and will likely take years to work through the legal system. Eventually, the U.S. Supreme Court will probably hear them. In the meantime, Americans will be protected by the injunctions.
Shockwave offers four different pistol stabilizers.
Pistol stabilizers improve the shooter’s safety and accuracy as the AR pistol is stabilized on their forearm for support.
After seven years of sun and fun—and a whole lot of hard work—it was time to head on back to where it all started: home. Back to Utah.
Sure, we’ll miss the oppressive heat and humidity, alligators crawling across the Publix parking lot, sinkholes swallowing up entire neighborhoods, the hurricanes, the tropical storms, the tornadoes, being eaten alive by mosquitoes and noseeums, and arguably America’s worst drivers. LOL
But seriously, we’ll miss being able to eat a Pub Sub, killer sunsets over the Gulf, spotting manatees in Crystal River, fishing Honeymoon Island, exploring the sandy beaches for shells, enjoying rich cultural experiences in most every city we visited, and wondering why there are so many chickens just walking around Key West.
Family obligations necessitated a return, so we moved Shockwave this August. And honestly, it feels so good to be home. Clean air, mountains all around, the changing seasons. We missed it all.
The new adjustable Shockwave Blade 2M pistol stabilizer is made from high-strength glass-reinforced polymer and fist all pistols equipped with a carbine-style mil-spec buffer tube. Just slip it on and lock it in place. Easy to adjust with a simple finger lever.
Some key features: Lightweight at only 4.0 oz, adjustable, ATF approved, Made in U.S.A.
All Shockwave Blade pistol stabilizer products are on SALE this Presidents’ Day!
Just last week, SIG SAUER released their new SIGM400 TREAD Pistol, featuring Shockwave Technologies new adjustable Blade 2M Pistol Brace. This thing is sick and offers so many TREAD accessories.
We are very honored that SIG SAUER chose our Blade 2M to complete their new pistol firearm.
The search is on for our hardcore fan, help us find Wilson.
It’s amazing how the universe works sometimes. You need a subject for a blog article and someone forwards you this picture.
Like your other ideas even compared to this. LOL Now, while I’m not advocating for our customers to run out and try to one-up each other with the tattoo needle, I do have to say that, at this point, this guy might be our most hardcore fan. Just sayin’. We received this picture from one of our vendors who got it from the tattoo artist that did the work. We’ve asked the sender for contact information for this guy. We’d love to learn more about his tattoo. Including, for example, who is Wilson? Is he Wilson? Is Wilson a relative? Is it for Wilson the volleyball who sailed off alone at the end of Castaway? It doesn’t appear to have anything to do with Wilson Combat, as the receiver is marked with a large Aero Precision-type “A.” Inquiring minds want to know more. At the very least, we would like to send him a Shockwave t-shirt. You know, for those times when he doesn’t want to show off his new ink. A guy needs to represent, ya know.
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