The NYS Firearms Association will be dragging Joe Biden into court as soon as we can —Â and I hope youâll 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. Â
And now Bidenâs lost control of the House, making it far harder for him to ban AR-15s or 30-round magazines.      Â
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.Â
As you probably know, Bidenâs unilateral decision to ban âpistol bracesâ has just taken effect. This rule change isnât a law, it wasnât voted on in Congress, and there was no debate.
One day pistol braces were legal. The next day, illegal. Â
(I was in the Judiciary Committee last month — behind Dettelbachâs left shoulder — working with Congressional allies to stop the pistol brace ban.)
This is gun control by fiat. If we donât challenge this, there is no limit to the damage Joe Biden will do to our gun rights through tyrannical Executive Orders.
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Thatâs why the NYS Firearms Association, along with our national affiliate the American Firearms Association, is preparing to drag Biden into court! Â Â Â
And, as youâre about to read, thereâs never been a better time to do it.
Make no mistake, this fight isnât about pistol braces. In fact, while there are roughly 40 million of these braces in circulation, many gun owners donât 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 couldnât 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 thatâs where we are headed.
And hereâs the good news: thereâs a strong chance that weâll 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 itâs why our lawyers believe the court will rule the pistol brace ban is unconstitutional, too! But first, we need to file the case! Â
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The exact details of this case and whether weâll be filing our own lawsuit, joining existing 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 thatâs 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 weâve 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 Iâll be honest, we need your help to unleash these guys against the Biden ATF, and we need it right away!
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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, weâre likely going to be facing $180,000 or more to fight this battle!
I know itâs a lot of money.
But we donât have a choice.
If we donât challenge Bidenâs 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 thatâs not all. Last yearâs Bruen decision from the Supreme Court has been a game changer for gun rights groups like NYSFA which are fighting to defend our freedoms in Federal Court.Â
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 âtext and historyâ 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 âhistorical precedentâ has led to gun control laws being struck down in federal courts all over America over the last eleven months!
And thatâs why NOW is the time to go after Biden in court.
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(The federal circuit courts have ruled that the bump stock ban is unconstitutional. We expect a similar decision on pistol braces!)
 But to do that, I need your help.
Youâve seen the plan and youâve seen the budget. Now I hope youâll take a stand with us by making an immediate donation of $100 or more!
Thatâs a lot to ask for these days, I know. Â
But the stakes are massive, and the outcome of this case will likely slam the brakes on Bidenâs ability to attack us through Executive Orders.Â
And thatâs why, if $100 is not possible, I hope youâll consider a gift of $75, $50, $25 or at least $17.76 right away.
The pistol brace ban took effect June 1st, so there is no time to waste.
Please make a donation today so we can shut this tyrant down!
For New York State,
Aaron Dorr
Executive Director
NYS Firearms Association
P.S. Joe Biden is furious that he canât pass gun control through Congress, thatâs why heâs using unconstitutional Executive Orders to try to make felons out of millions of gun owners!
NYSFA and our national affiliate are preparing to drag Joe Biden into Federal Court, because if Biden can declare pistol braces illegal, he could do it to AR-15s and more!
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