No. 20-550

Heon Jong Yoo, aka Hank Yoo v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-28
Status: Denied
Type: Paid
Response Waived
Tags: 18-usc-924 atf-form-4473 federal-firearms-licensee firearms-licensee firearms-transfer jurisdictional-fact national-of-the-united-states national-status statutory-offense
Key Terms:
ERISA CriminalProcedure Immigration Copyright Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Are the instructions on an ATF Form 4473 evidence of a jurisdictional fact such that the jurisdictional element of the statutory offense found at 18 U.S.C. § 924(a)(1)(A) is surplus, and does present tense testimony concerning the licensure of a firearms dealer also refer to the past in order to establish that same jurisdictional fact?

Question Presented (from Petition)

QUESTIONS PRESENTED In exercising aspects of the Second Amendment right to purchase and keep firearms, citizens are required to undertake certain steps. A Bureau of Alcohol, Tobacco Firearms and Explosives (ATF) Form 4473 is a form used to purchase firearms in the United States in order to identify the purchaser and seller, and in order to facilitate a background check of the purchaser. Various crimes may be associated with the form. ATF Form 4473’s are used, on average, thousands of times each day across these United States, and resolution of the following important issues associated with crimes committed when filling out the form is, therefore, a matter of national significance. At the core, Mr. Yoo questions the preeminence of an ever-changing executive agency-created form and executive agency legal interpretations that create criminal liability for firearms transferees. The questions presented are: A. Are the instructions on an ATF Form 4473 evidence of a jurisdictional fact such that the jurisdictional element of the statutory offense found at 18 U.S.C. § 924(a)(1)(A) is surplus, and does present tense testimony concerning the licensure of a firearms dealer also refer to the past in order to establish that same jurisdictional fact? II B. Do statutes, Courts, or the Bureau of Immigration Appeals determine what is a “National” of the United States for purposes of a Form 4473? C. Do statutes, Courts, or the Bureau of Alcohol, Tobacco Firearms and Explosives determine what information is required to be kept by a federal firearms licensee for purposes of 18 U.S.C. § 924(a)(1)(A)? II.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-21
Petition for a writ of certiorari filed. (Response due November 27, 2020)

Attorneys

Heon Jong Yoo
L. Charles Van CleefVan Cleef Law Office, Petitioner
L. Charles Van CleefVan Cleef Law Office, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent