PISTOL BRACE UPDATE: We’re Suing Joe Biden!

PISTOL BRACE UPDATE: We’re Suing Joe Biden!

Sunday, June 4th, 2023

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The Michigan Firearms Association will be dragging Joe Biden and the ATF into court as soon as we can — and I hope you’ll help us do it!

Thanks to non-stop grassroots pressure from gun owners like you, almost every single gun control bill Biden has pushed in Congress has been defeated over the last few years.      

And now Biden’s lost control of the House, making it far harder for him to ban AR-15s or 30-round magazines.         

Enraged, Biden has unleashed on gun owners by signing a series of Executive Orders designed to make criminals out of tens of millions of otherwise law-abiding gun owners. 

As you probably know, Biden’s unilateral decision to ban ‘pistol braces’ has just taken effect. This rule change isn’t a law, it wasn’t voted on in Congress, and there was no debate.

One day pistol braces were legal. The next day, illegal.  

This is gun control by fiat. If we don’t challenge this, there is no limit to the damage Joe Biden will do to our gun rights through tyrannical Executive Orders.

That’s why MFA, along with our national affiliate the American Firearms Association, is preparing to drag Biden into court!

And, as you’re about to read, there’s never been a better time to do it.

Make no mistake, this fight isn’t about pistol braces. In fact, while there are roughly 40 million of these braces in circulation, many gun owners don’t even know what they are.

This lawsuit is about the rule of law versus the limits of executive authority. You see, if Biden can declare a pistol brace illegal with the stroke of a pen and get away with it, why couldn’t he do the same thing to AR-15s or 30-round magazines?

The short answer is that he could.

We need to stop this, and fast. And the only place to do that is in Federal Court. So that’s where we are headed.

And here’s the good news: there’s a strong chance that we’ll win this case and shut Joe Biden down hard!

You see, this lawsuit will be almost identical to the bump stock ban lawsuits that are making their way through the courts.

Just like a pistol brace, bump stocks were legal for years.

Just like a pistol brace, the ATF repeatedly said that you and I could own a bump stock in multiple written decisions.

And just like with pistol braces, bump stocks were made illegal NOT through Congressional action, but through Executive action and a subsequent rule change via the ATF.

This ambiguity is why the 5th and 6th Court of Appeals have ruled the bump stock ban is unconstitutional…and it’s why our lawyers believe the court will rule the pistol brace ban is unconstitutional, too! But first, we need to file the case!    

The exact details of this case and whether we’ll be filing our own lawsuit, joining exiting lawsuits, or aiding lawsuits with Amicus briefs are still being worked out.

But our legal action will almost certainly begin with a request for a Preliminary Injunction — halting the enforcement of the Pistol Brace ban while the case against it can be heard.

From there, the case will be heard in Federal District Court. But that’s just the first step in this fight.

If we win in District Court, the DOJ will certainly appeal to the Federal Circuit Court. And if WE lose in District Court, we will certainly appeal this case to the Federal Circuit Court!

The most likely outcome is that multiple Circuit Courts will weigh in on this issue, giving mixed decisions, and setting this case up to heard by the United States Supreme Court.

So we need to be ready for anything.

The law firm that we’ve retained to handle this is a nationally known firm from Washington, D.C. that has taken on (and defeated) the DOJ and state level tyrants in Federal Court for years. This is what they do!

But I’ll be honest, we need your help to unleash these guys against the Biden ATF, and we need it right away!

The legal research, court analysis, and preparation of the preliminary injunction — if that is the route we go — will cost $75,000 to $85,000.

Handling the client intake process and filing of the lawsuit and printing fees (assuming we pursue a standalone lawsuit) will cost another $35,000 to $45,000.

Appealing this case from the District Court to the Circuit Court level is expected to cost somewhere in the $50,000 range.

All in all, before talking about any appeal to the United States Supreme Court, we’re likely going to be facing $180,000 or more to fight this battle!

I know it’s a lot of money.

But we don’t have a choice.

If we don’t challenge Biden’s pistol brace ban, Biden will bypass Congress and attack our gun rights through Executive Orders again and again — we must hold the line here!

As I said earlier, the response from the courts who heard the cases against the bump stock ban is very encouraging.

But that’s not all. Last year’s Bruen decision from the Supreme Court has been a game changer for gun rights groups like MFA which are fighting to defend our freedoms in Federal Court. 

You see, in Bruen, Justice Clarence Thomas established a much more conservative standard for deciding whether or not future gun control laws are constitutional, or not.

Previously the courts used looked at the “text and history” of a gun control law in making this decision. But in the Bruen decision, Justice Thomas added a third element to this. Now all future gun control laws need to be reviewed for their text, history, AND historical precedent.

This third element of ‘historical precedent’ has led to gun control laws being struck down in federal courts all over America over the last eleven months!

And that’s why NOW is the time to go after Biden in court.

But to do that, I need your help.

You’ve seen the plan and you’ve seen the budget. Now I hope you’ll take a stand with us by rushing us an immediate donation of $250!

That’s a lot, I know.

But the stakes are massive, and the outcome of this case will likely slam the brakes on Biden’s ability to attack us through Executive Orders. 

And that’s why, if $250 is not possible, I hope you’ll consider giving $100, $50 or at least $25 right away.

The pistol brace ban took effect June 1st, so there is no time to waste. Please send your donation today so we can shut this tyrant down!

For Freedom,

Ben Dorr
Executive Director
Michigan Firearms Association

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