They say that the court cannot enjoin the ATF from enforcing legal theories, only final agency rules. They argue that because the pistol brace rule no longer exists, the court has no authority to block the ATF’s interpretation that brace pistols are in fact SBRs. In other words, they are not denying that they hold that legal view at all. They are only saying that the court cannot stop them from using it. And that is a huge red flag. And so in this case, they’re saying, you know, the rule is dead. Throw this case out, but you cannot touch any underlying legal theories that we have because that’s not an at issue in this case. [Watch]
In other words:
[Via Jess]
