No. 23A82
Merrick B. Garland, Attorney General, et al. v. Jennifer Vanderstok, et al.
Amici (3)
Experienced Counsel
Tags: administrative-procedure-act atf-regulation firearm-definition frame-or-receiver ghost-guns second-amendment
Key Terms:
AdministrativeLaw JusticiabilityDoctri
AdministrativeLaw JusticiabilityDoctri
Latest Conference:
N/A
Question Presented (AI Summary)
Whether the ATF's regulation defining 'frame or receiver' to include partially complete components and parts kits that may be readily converted into functional firearms is a reasonable interpretation of the statutory definition of 'firearm' under the Administrative Procedure Act and the Second Amendment
Question Presented (OCR Extract)
No question identified. :
Docket Entries
2023-08-08
Application (23A82) referred to the Court.
2023-08-08
Application (23A82) for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay.
2023-08-04
Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the responses, and the reply filed thereto,
it is ordered that the stay issued on July 28, 2023, is hereby extended until 5 p.m. (EDT) on Tuesday, August 8, 2023.
2023-08-03
Reply of applicant Merrick B. Garland, et al. filed.
2023-08-02
Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed.
2023-08-02
Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed.
2023-08-02
Response to application from respondent Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply filed.
2023-08-02
Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed.
2023-08-01
Brief amicus curiae of Gun Violence Prevention Groups filed.
2023-07-29
Brief amicus curiae of District of Columbia, et al. filed.
2023-07-28
Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).
2023-07-27
Application (23A82) for a stay, submitted to Justice Alito.
Attorneys
BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms
Michael James Sullivan — Ashcroft Law Firm, LLC, Respondent
Michael James Sullivan — Ashcroft Law Firm, LLC, Respondent
Defense Distributed
Charles Randall Flores — Flores Law PLLC, Respondent
Charles Randall Flores — Flores Law PLLC, Respondent
Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply
Charles Randall Flores — Flores Law PLLC, Respondent
District of Columbia et al.
Firearms Regulatory Accountability Coalition, Inc.
Stephen Joseph Obermeier — Wiley Rein LLP, Amicus
Stephen Joseph Obermeier — Wiley Rein LLP, Amicus
Gun Violence Prevention Groups
Kathleen Roberta Hartnett — Cooley LLP, Amicus
Kathleen Roberta Hartnett — Cooley LLP, Amicus
Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc.
David H. Thompson — Cooper & Kirk, PLLC, Respondent
David H. Thompson — Cooper & Kirk, PLLC, Respondent
Merrick B. Garland, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Elizabeth B. Prelogar — Solicitor General, Petitioner
Second Amendment Foundation, Inc.
Charles Randall Flores — Flores Law PLLC, Respondent