Federal Judge Rejects ATF Request for a Stay and Sides With Pro-Gun Org’s Preliminary Injunction
Jose Nino
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On November 17, 2023, United States District Court Judge Reed O’Connor rejected a request from the Bureau of Alcohol, Tobacco, and Firearms (ATF) for issuing a stay in the case of National Association for Gun Rights (NAGR) v. Garland. On October 7, Judge O’Connor issued a preliminary injunction against the ATF’s enforcement of a prohibition on Forced Reset Triggers (FRTs) for NAGR members. The ATF responded by requesting a stay. Its argument was ultimately rejected.
In the ruling he handed down, Judge O’Connor stated, “[The ATF’s] plea that the injunction interferes with Defendants’ ability to seize FRTs merits no sympathy.”
“Serves them right,” declared Dudley Brown, President of NAGR. “The ATF thinks that if they whine loud enough, they can simply ignore the court and continue imposing their trigger ban on gun owners. I’m thankful Judge O’Connor saw right through that charade.”
Judge O’Connor continued noting in his ruling:
“… the Court previously determined in two separate orders that the ATF’s interpretation of ‘machinegun’ is very likely unlawful. [The ATF] have still not made any showing—let alone a strong showing—that this conclusion is incorrect. Simply rehashing arguments twice rejected does not eventually transform those points into a cognizable showing—let alone a strong showing—that [The ATF] are likely to succeed on the merits.”
“We are going to win this case, and I look forward to the Court’s final ruling when we can put the ATF down the shredder,” added Brown.
NAGR is waiting to hear from the Court on a summary judgment motion that would reverse the ATF’s FRT prohibition until the conclusion of the case. NAGR submitted the aforementioned request on November 3.
“It’s clear the ATF will continue to harass our members, regardless of what the courts say, which is why we requested summary judgment earlier this month to prevent the
ATF from enforcing their ridiculous ban on anyone,” Brown said in a concluding remark.
The ATF needs to be abolished ASAP. It’s an unconstitutional agency that has vast regulatory powers designed to undermine the Second Amendment. Obviously, such a fight will be a prolonged endeavor.
In the meantime, gun owners should focus on using the courts to discredit and undermine the ATF through the court system.
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