Friday, June 7, 2024

Fifth Circuit Court to Hear SAF Oral Argument in Arm Brace Case

The 5th U.S. Circuit Court of Appeals has announced it will hear oral arguments in the Second Amendment Foundation’s (SAF) challenge of the “Final Rule” issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding arm braces for pistols, during the week of Aug. 5.

The case is known as SAF v. ATF and was filed in February 2023. SAF is joined by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. They are represented by attorney Chad Flores at Flores Law in Houston. Last August, SAF won, in part, a preliminary injunction in the case when a court panel decided 2-1 the rule was “likely illegal” because the government had violated the Administrative Procedures Act (APA) by adopting the rule without meaningful opportunity for public comment.

“We are delighted about the court’s decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We will be fully prepared to argue our case before the appeals court, and hopefully see a quick resolution of this case.”

SAF Executive Director Adam Kraut noted the SAF case is part of a consolidation of four separate cases for briefing purposes, but still stands apart on separate issues.

“The ATF’s ‘Final Rule’ is a complete reversal of previous policy, and it was adopted in violation of APA guidelines.” Kraut said. “We certainly expect to prevail.”

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The Second Amendment Foundation ( is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.