No. 23A302

Merrick B. Garland, Attorney General, et al. v. Blackhawk Manufacturing Group, Inc., et al.

Lower Court: Fifth Circuit
Docketed: 2023-10-05
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: ATF-rule federal-firearms-licensing frame-or-receiver ghost-guns Gun-Control-Act untraceable-firearms
Key Terms:
AdministrativeLaw Environmental SecondAmendment FirstAmendment DueProcess Takings JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether the ATF's rule clarifying that certain partially completed firearm frames and receivers constitute 'frames or receivers' subject to federal firearms licensing, serialization, and background check requirements is consistent with the statutory definition of 'frame or receiver' under the Gun Control Act and does not exceed the agency's delegated authority

Question Presented (OCR Extract)

No question identified. :

Docket Entries

2023-10-16
Application (23A302) referred to the Court.
2023-10-16
Application (23A302) to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The September 14, 2023 order of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, is vacated.
2023-10-12
Reply of applicant Merrick B. Garland, et al. filed.
2023-10-11
Response to application from respondent Blackhawk Manufacturing Group, Inc., et al. filed.
2023-10-11
Response to application from respondent Defense Distributed filed.
2023-10-06
Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the September 14, 2023 order of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, is hereby administratively stayed until 5 p.m. (EDT) on Monday, October 16, 2023. It is further ordered that any response to the application be filed on or before Wednesday, October 11, 2023, by 5 p.m. (EDT).
2023-10-05
Application (23A302) to vacate injunction pending appeal, submitted to Justice Alito.

Attorneys

Blackhawk Manufacturing Group, Inc., et al.
Michael James SullivanAshcroft Law Firm, LLC, Respondent
Michael James SullivanAshcroft Law Firm, LLC, Respondent
Defense Distributed
Charles Randall FloresFlores Law PLLC, Respondent
Charles Randall FloresFlores Law PLLC, Respondent
Merrick B. Garland, et al.
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner