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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

 

BLAKE J. WATTERSON, 

 Plaintiff, 

 v. No. 4:23-cv-80-ALM 

BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS, AND EXPLOSIVES, et al., 

 

 

 Defendants. 

DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY 

Defendants respectfully notify this Court of recent decisions relevant to the claims presented 

in this case. 

On November 13, 2023, the United States District Court for the Northern District of Texas 

issued a 42-page decision in Second Amendment Foundation, Inc. v. Bureau of Alcohol Tobacco Firearms and 

Explosives, --- F. Supp. 3d ---, 2023 WL 7490149 (N.D. Tex. Nov. 13, 2023). In that opinion, the court 

denied the plaintiffs’ motion to preliminarily enjoin the Bureau of Alcohol, Tobacco, Firearms and 

Explosives’ enforcement of the same rule challenged in this litigation, Factoring Criteria for Firearms With 

Attached “Stabilizing Braces,” 88 Fed. Reg. 6,478 (Jan. 31, 2023) (“Rule”). The Court held that the 

plaintiffs had not “established a likelihood of success on the merits of any of their claims,” “met their 

burden to show they likely face irreparable harm from the Final Rule,” or “established that the harms 

they face without a preliminary injunction outweigh the interests of the public.” 2023 WL 7490149 at 

*20. Plaintiffs in that matter filed a notice of appeal to the Fifth Circuit. 

Similarly, on September 12, 2023, the United States District Court for the District of North 

Dakota denied a motion by twenty-five states, a manufacturer, an advocacy association, and an 

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individual to preliminarily enjoin the Final Rule, in Firearms Regulatory Accountability Coalition, Inc. v. 

Garland, --- F. Supp. 3d ---, 2023 WL 5942365 (D.N.D. Sept. 12, 2023). The Court held that plaintiffs 

had “not shown they are entitled to the extraordinary remedy of preliminary relief” because they had 

not “demonstrated a substantial likelihood of success on the merits.” Id. at *11. Plaintiffs in that 

matter filed a notice of appeal to the Eighth Circuit. 

Additionally, Defendants notify the Court of the district court decisions in Mock v. Garland, 

No. 4:23-cv-95-O, 2023 WL 6457920 (N.D. Tex. Oct. 2, 2023) (granting preliminary injunction as to 

plaintiffs); Texas Gun Rights v. ATF, No. 4:23-cv-578-O (N.D. Tex. Oct. 4, 2023), ECF No. 36 (similar); 

Texas v. ATF, No. 6:23-cv-14, 2023 WL 7116844 (S.D. Tex. Oct. 27, 2023) (similar); Britto v. ATF, 

No. 2:23-cv-19-Z (N.D. Tex. Nov. 8, 2023), ECF No. 68 (staying rule). Defendants have filed notices 

of appeal in each of the above district court cases. 

Dated: November 30, 2023 Respectfully submitted, 

BRIAN M. BOYNTON 

 Principal Deputy Assistant Attorney General 

 BRIGHAM J. BOWEN 

Assistant Branch Director 

 /s/ Michael Drezner 

MICHAEL DREZNER (VA Bar No. 83836) 

JODY D. LOWENSTEIN (MT Bar No. 55816869) 

TAYLOR PITZ (CA Bar No. 332080) 

Trial Attorneys 

U.S. Department of Justice 

Civil Division, Federal Programs Branch 

1100 L Street NW 

Washington, DC 20005 

Phone: (202) 514-4505 

Email: Michael.L.Drezner@usdoj.gov 

Attorneys for Defendants

Case 4:23-cv-00080-ALM Document 55 Filed 11/30/23 Page 2 of 3 PageID #: 1028
CERTIFICATE OF SERVICE 

On November 30, 2023, I electronically submitted the foregoing document with the Clerk of 

Court for the U.S. District Court, Eastern District of Texas, using the Court’s electronic case filing 

system. I hereby certify that I have served all parties electronically or by another manner authorized 

by Federal Rule of Civil Procedure 5(b)(2). 

/s/Michael Drezner 

Trial Attorney 

U.S. Department of Justice 

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