Morehouse v. ATF — Petition for Rehearing En Banc

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm, with Stephen Stamboulieh, filed a Petition for Rehearing En Banc — joined by 17 States — in the Eight Circuit, in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers.

Link to petition for rehearing en banc

Morehouse v. ATF — Appellants’ Opening Brief

Jeremiah Morgan Administrative Law, Firearms Law, Litigation, Statutory Construction, U. S. Court of Appeals, Eighth Circuit

Today, our firm filed in the Eight Circuit the Opening Brief of the Private Appellants in the challenge to the Biden Administration’s ATF rulemaking on frames and receivers challenging the denial of a preliminary injunction by the U.S. District Court for the District of North Dakota.

Link to brief

Cargill v. Garland — Supplemental Amicus Brief on Rehearing En Banc

Jeremiah Morgan Administrative Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm file a supplemental amicus brief for the Fifth Circuit’s rehearing en banc of a challenge to the ATF’s bump stock rule. (We previously file an amicus brief in support of the petition for rehearing en banc.) Our brief argued that the bump stock rule was politically motivated and that bump Read More

Cargill v. Garland — Amicus Brief

Jeremiah Morgan Administrative Law, Firearms Law, U. S. Court of Appeals, Fifth Circuit

Today, our firm filed an amicus brief in support of a petition for rehearing en banc in a case challenging the bump stock ban. Our brief explained that bump stocks do not convert a semiautomatic firearm into a machinegun, and that only Congress has the power to amend the text of statutes. Finally, we explained that the district court’s and the court of appeals panel’s conclusions contradicted Read More

GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”

admin Administrative Law, Firearms Law

Today we filed comments with the ATF on behalf of our clients Gun Owners of America and Gun Owners Foundation.  These comments relate to Docket No. ATF 2021R-05:  “Definition of ‘Frame or Received’ and Identification of Firearms.”  These Comments explain why ATF has no authority to make these changes in the definition of “frame or receiver” set out in 8 U.S.C. Section 921(a)(3).

Link to Comments

Jeremy Kettler v. United States

admin Constitutional Law, Firearms Law, Statutory Construction, U. S. Supreme Court

Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor.  Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the Read More

Bump Stocks: Gun Owners of America files Motion for Preliminary Injunction Against Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, our firm filed a motion for a preliminary injunction, seeking to stop the Bumpstock regulations from going into effect on March 26, as planned.

(Plaintiffs’) Motion for Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Memorandum in Support of Motion for a Preliminary Injunction (December 26, 2018)

(Plaintiffs’) Party Declarations (December 26, 2018)

Read More

Bump Stocks: Gun Owners of America files Challenge to ATF Bumpstock Regulations

admin Administrative Law, Litigation, U. S. District Court, Western District of Michigan

Today, ATF published in the Federal Register its final regulations imposing a total ban on private ownership of bumpstocks, overruling numerous prior ATF decisions.  Later that same day, our firm filed a chellenge to this regulation on behalf of Gun Owners of America, Guy Owners Foundation, Virginia Citizen Defense League, and three individuals — Matt Watkins, Tim Harmsen and Rachel Malone.  Read More

Comments to ATF Opposing Bump Stock Restrictions (Round 2)

admin Administrative Law, Firearms Law

Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.”  Our comments were filed on behalf of Gun Owners Foundation.  Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.

Link to comments

United States v. Kettler — Reply Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here.

Read Reply Brief here.

 

Third Set of Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting

Jeremiah Morgan Administrative Law, Firearms Law

Today, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, about six years ago ATF created a new requirement Read More

United States v. Kettler

admin Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).

In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 7

admin Firearms Law

Today, our firm filed comments with the Bureau of Alcohol Tobacco and Firearms (“ATF”) in response to the ATF’s proposal to combine the federal application to be a firearms dealer (“Form 7”) with the application to be a Collector of Curios and Relics.  As our comments pointed out, ATF’s proposed new combined form is an attempt to combine apples and oranges.  Dealers (businesses) Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 4473

admin Administrative Law, Firearms Law

Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing the proposed changes to the Form 4473, a form ATF claims continues to be necessary, though it is not required by any federal law.

Our comments explain how the proposed additions to the Form 4473 are unnecessarily confusing and often unauthorized.  The form is already complex, presenting a legal Read More