Judge Extends Protection for GOA Members Possessing Pistol Braced Firearms!
Great news! The federal district judge who is handling the Texas/GOA v. ATF case has recently extended the injunction against the ATF—thus protecting ALL current GOA members.
The original injunction from five months ago was scheduled to expire last month. So Judge Drew Tipton extended the injunction on October 27.
The extension means the agency is prevented from enforcing the pistol brace ban against current GOA members and their families for as long as it takes to decide the case on the merits.
Ammoland analyzed Judge Tipton’s ruling and concluded: “The judge kept the scope of the ruling just to GOA members. This decision means that all GOA members will be protected from ATF enforcement actions over braced pistols for the foreseeable future.”
Just recently, another Texas judge issued a nationwide injunction against the braces rulemaking—and that ruling protects every gun owner in America. But even if the ATF were to appeal that decision and get the ruling stayed—similar to what they’ve done in other cases which involve Biden’s executive gun controls—GOA members can rest assured that they are still covered by the judge’s injunction in the GOA case.
So please tell your friends and family they can join GOA and become members here! And if your GOA membership has lapsed, you can use that same link to renew your membership.
GOA Helping States to Veto Federal Gun Control
Gun Owners of America’s legal team is helping support a Second Amendment sanctuary law that is under fire by the Biden administration.
Known as the Second Amendment Preservation Act (or SAPA), this Missouri law prohibits state officials from enforcing federal gun bans, gun taxes, and other forms of federal gun control that are not found in the state’s statutes.
Missouri passed the GOA-supported SAPA in 2021, but the Biden administration quickly found an Obama-appointed judge, Brian Wimes, and challenged the law.
GOA filed an amicus brief in this case to help support and defend Missouri’s 2A sanctuary law, arguing that:
- The Supremacy Clause in Article VI, Section 2 of the U.S. Constitution does not validate or endorse unconstitutional gun control laws;
- The Second Amendment protects the right to keep and bear arms from infringement; and,
- The U.S. Supreme Court’s Printz case (1997) held that the states cannot be turned into the handmaidens of the federal government. More importantly, the Court held that states cannot be forced to implement federal regulation schemes, even if those regs are constitutional.
Regardless, Judge Wimes ruled against us and declared the Missouri law to be unconstitutional. On appeal to the Supreme Court, a majority of the Justices unfortunately refused to intervene, thus preventing Missouri from enforcing its pro-gun law while the case proceeds.
A minority of Justices—Samuel Alito, Clarence Thomas and Neil Gorsuch—supported GOA’s position and indicated they supported a “stay” of Judge Wimes’ decision. Had two more Justices joined the trio, Missouri would have been able to continue protecting gun owners from unconstitutional, federal gun control laws.
Thankfully, our legal options are not yet expired. This case will still proceed in court for quite some time—albeit more slowly than gun rights supporters would like, and at much greater expense.
Other states are not affected by the ruling in the Missouri case
While there are at least 15 other states which have SAPA-type laws or edicts, none of them should be affected by this District Court opinion—at least not until this case comes before the Supreme Court.
That probably won’t happen for a couple of years. And when it does, court watchers expect a different outcome from the District Court decision.
Why? Because the Supreme Court has already dealt with this in principle. That occurred in the 1997 Printz case when an even more liberal SCOTUS ruled against allowing the federal government to force states to implement federally-mandated gun control.
So stay tuned for updates on this case in 2024!
GOA Goes Mano-a-Mano Against Gun Grabbers in Oregon
Several months ago, GOA secured a preliminary injunction against Oregon’s anti-gun ballot initiative that passed last year (Ballot Measure 114). The new law bans certain firearms and standard-capacity magazines, and requires gun owners to get a permit-to-purchase a firearm.
After this initial victory, Oregon Governor Kate Brown tried twice to get the Oregon Supreme Court to set aside the circuit court judge’s decision. But the state Supreme Court rebuffed her efforts each time.
Just recently, GOA’s attorney spent several days in court challenging BM114 during a lengthy trial. We remain hopeful, despite the fact that the attorney ratio was 8-1 in favor of the government. Stay tuned for updates, as a decision is expected by December 4.
GOA in the News and on the Airwaves
“GOA makes the NRA look thoughtful and moderate.” – The Guardian, November 17, 2023
Thanks to your loyal support, GOA representatives have been all over the news in recent days and weeks. Here are some recent GOA highlights:
- Gun control failure. GOA spokesman Luis Valdes informs Newsmax listeners of the failure of gun control—not only in Gun Free Zones like Parkland High School, but also in countries like Cuba and Israel, where civilian disarmament has led to tremendous suffering.
- SCOTUS and guns. GOA Federal Affairs Director Aidan Johnston speaks to ABC News (starting at 3:33) about a 2A case that was just heard by the Supreme Court this month. And while this interview is good, ABC sadly chose not to air one of Aidan’s best lines—that in a cage match between his grandma with a revolver and former wrestler-turned-actor John Cena, the odds are actually in his grandmother’s favor!
- Minute Man Moment. ATF Director Steve Dettelbach is the FIRST ATF Director in U.S. history to declare public support for a ban on so-called ‘assault weapons.’ Funny how he can articulate his anti-gun stances for Harvard, but while under oath in front of Congress he couldn’t even define an “assault weapon.” Check out Ben’s breakdown and what this could mean for gun owners.
- State of the Second. In this podcast, GOA’s John and Kailey sit down with Matador Arms to talk about pistol braces, repeal of the NFA, and why it is so incredibly important to get involved by calling your representatives and commenting on proposed ATF rules. Have you submitted your comment against the ATF’s latest tyranny?
- One in the Chamber. The ATF has an illegal gun registry, that is an indisputable fact. But did you know they’re actively working with the Biden Administration to create new rules to continue to BUILD that registry? If you’re not already on it, they want you to be. Tiffany breaks down the ATF’s new rule and how it would lead to Universal Registration Checks.
- Shots Fired. Did you hear Joe Biden talking about the elusive firearm that can hold a hundred rounds in its chamber?! Biden has NO CLUE what he’s talking about. But, to be fair, that may not be news. On the latest episode of Gun Owners Foundation’s Shots Fired, Nico pokes fun at the president’s goof.
- GOA says “no” to gun ban. GOA is working to defeat so-called “assault weapons” bans in Congress and is rallying the grassroots to pressure their Senators to vote “no.” Click here or on the graphic below to view GOA’s appearance on the OAN network and our call to action for gun owners nationwide.
- GOA Opposing “Biden’s War on Hunters.” Mark Jones, GOA’s National Hunter Outreach Director and a Certified Wildlife Biologist®, sounded the alarm and called for Congress to protect hunting traditions on national media outlets including The Chad Prather Show (starting at 29:20).
P.S. Make sure to submit your comments to the ATF. By joining the tens of thousands of others who’ve taken action, our united voices can force the petty tyrants to back down.
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