Fifth Circuit Three-Judge Panel Issues Injunction Pending Appeal Against ATF Pistol Brace Rule

pistol brace
AWR Hawkins/Breitbart News

A three-judge panel of the United States Court of Appeals for the Fifth Circuit issued an injunction Tuesday pending review against the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) pistol brace rule.

The case, Mock v. Garland, reached the Fifth Circuit panel on appeal from the United States District Court for the Northern District of Texas.

The three-judge panel consisted of Catharina Haynes (George W. Bush appointee), Kurt D. Engelhardt (Donald Trump appointee), and Andrew Oldham (Donald Trump appointee).

The three-judge panel issued a decision Tuesday which does two things: 1. Orders that the appeal be “expedited to the next available Oral Argument Calendar.” 2. Issues a preliminary injunction pending appeal.

The importance of expedited appeal rests on the fact that the ATF pistol brace rule takes effect next week. Owners of AR-pistols with pistol braces that have not been destroyed, registered with the ATF, or otherwise brought into compliance with the rule, will be in violation of the rule beginning June 1, 2023.

The injunction on the rule only applies to the plaintiffs in Mock v. Garland.

The case is Mock v. Garland, No. 23-10319 in the United States Court of Appeals for the Fifth Circuit.

Flashback — “Absolutely Asinine”: Don Jr. Weighs In on DOJ’s Pistol Stabilizer Braces Ban


AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010. and he holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at Reach him directly at


Please let us know if you're having issues with commenting.