A U.S. District Court in Texas has ruled that the Biden Justice Department’s Final Rule redefining braced pistols as “short-barreled rifles” violates the Administrative Procedures Act (APA) so is therefore unconstitutional.
In the lawsuit Mock v. Garland, U.S. District Court Judge Reed O’Connor granted summary judgment in favor of the Firearms Policy Coalition (FPC) and its co-plaintiffs and issued a final judgment and order vacating the DOJ/ATF rule.
At issue wasn’t the constitutionality of the Final Rule under the Second Amendment, but the fact that the APA forbids bureaucratic agencies from making laws, which is the purview of a duly elected Congress.
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