A 2-1 panel of the New Orleans-based 5th U.S. Circuit Court of Appeals found that U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives finalized the rule in January without giving the public a meaningful chance to comment on it. That made it invalid under the federal Administrative Procedure Act, the panel found.
Several federal judges have already issued preliminary orders blocking enforcement of the rule enacted by President Joe Biden's administration and challenged by lawsuits from gun rights groups. But those orders apply only to members of the groups, and only in those judges' jurisdictions. The disputed rule classifies some guns equipped with pistol braces as short-barrel rifles, based on several factors including their size and weight and the manufacturers' marketing materials. Short barrel rifles are subject to special registration, longer waiting periods for purchase, and higher taxes because they are potentially more dangerous than handguns.
Circuit Judge Don Willett said in a concurring opinion that the rule likely violated not only the Administrative Procedure Act, but also the right to bear arms under the Second Amendment of the Constitution, an issue that the majority did not address.