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.
Morehouse v. ATF — Appellants’ Reply Brief
Today, our firm filed the Reply Brief of the Private Appellants in the appeal of the denial of a preliminary injunction against the Biden Administration’s ATF rulemaking on frames and receivers in the Eighth Circuit.
Morehouse v. ATF — Appellants’ Opening Brief
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.
Cargill v. Garland — Supplemental Amicus Brief on Rehearing En Banc
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
Morehouse v. ATF — Amended Complaint with 17 States Joining as Plaintiffs
Today, we filed an amended complaint adding 17 States as plaintiffs joining our lawsuit challenging the ATF’s new “frame or receiver” rule.
Morehouse v. ATF — Complaint against “Frame or Receiver” Rule
Today, we filed a challenge to the Biden Administration’s ATF final rule revising the definition of “frame” or “receiver” which was published on April 26, 2022.
Article: “JSD Supply Files Temporary Restraining Order Against ATF …as 2nd Co. Issued C&D”
Ammoland Shooting Sports News published an article on the lawsuit we filed on behalf of JSD Supply against the cease-and-desist letter received from the ATF.
Cargill v. Garland — Amicus Brief
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
Article: “Full Sixth Circuit takes up legality of bump stocks”
Courthouse News Service has this article on the Sixth Circuit’s en banc oral argument in the bump stocks case.
Roberts/GOA v. ATF
Today, as ordered by the Sixth Circuit, we filed a Supplemental Brief on the issue of Standing in our challenge to ATF’s revocation of the rights of licensed Michigan gun owners to purchase firearms without a NICS check.
GOA & GOF Comments Opposing ATF Re-Definition of “Frame or Receiver.”
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).
ATF Firearms Industry Operations Manual Obtained via GOA FOIA Request
John Crump of Ammoland wrote an article about Gun Owners of America obtaining from ATF its internal “Firearms Industry Operations Manual.” This manual allows FFLs to better prepare for inspections by ATF. The manual was obtained by GOA in a matter our firm handled A PDF of the manual is available here.
Bump Stocks: Gun Owners of America v. Barr — Brief for Appellants
Today we filed our opening brief in the Sixth Circuit case of Gun Owners of America v. Barr — challenging the district court’s refusal to issue a preliminary injunction to stop the ATF total ban on the private ownership of bump stocks.
Jeremy Kettler v. United States
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
Bump Stocks: Gun Owners of America files Motion for Preliminary Injunction Against Bumpstock Regulations
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)
Bump Stocks: Gun Owners of America files Challenge to ATF Bumpstock Regulations
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.
Comments to ATF Opposing Bump Stock Restrictions (Round 2)
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.
Comments to ATF Opposing Bump Stock Restrictions
Today, we submitted comments to ATF on clarifying whether “bump fire” stocks fall within the statutory definition of “machinegun.” Our comments were filed on behalf of Gun Owners Foundation.
United States v. Kettler — Oral Argument
Today, the U.S. Court of Appeals for the Tenth Circuit held oral argument on the Kettler case. Our co-counsel in the case, Joe Miller, presented oral argument for Mr. Cox. The panel hearing the appeal consisted of Judges Hartz, Seymour and Phillips.
The oral argument my be listened to here.
United States v. Kettler — Reply Brief
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.
Third Set of Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting
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
United States v. Kettler
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
GOA/GOF Comments to ATF on Proposed Changes to Form 7
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)
GOA/GOF Comments to ATF on Proposed Changes to Form 4473
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
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