U.S. v. ONE (1) PALMETTO STATE ARMORY PA-15

No. 15-2859.

822 F.3d 136 (2016)

UNITED STATES of America v. ONE (1) PALMETTO STATE ARMORY PA-15 MACHINEGUN RECEIVER/FRAME, UNKNOWN CALIBER SERIAL NUMBER: LW001804; Watson Family Gun Trust, Claimant (D.C. No. 15-cv-02202). Ryan S. Watson, Individually and as Trustee of the Watson Family Gun Trust v. Attorney General United States of America; Director Bureau of Alcohol, Tobacco, Firearms, and Explosives (D.C. No. 14-cv-06569) Ryan S. Watson, Individually and as Trustee of the Watson Family Gun Trust, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: May 18, 2016.


Attorney(s) appearing for the Case

Alan A. Beck, Esq. , San Diego, CA, David R. Scott, Esq. , Law Offices of J. Scott Watson, Glen Mills, PA, Stephen D. Stamboulieh, Esq. [Argued], Madison, MS, Counsel for Appellant.

Patrick Nemeroff, Esq. [Argued], Michael S. Raab, Esq. , United States Department of Justice, Washington, DC, Jacqueline C. Romero, Esq. , J. Alvin Stout, III, Esq., Office of United States Attorney, Philadelphia, PA, Counsel for Appellee.

Robert J. Olson, Esq. , William J. Olson , Vienna, VA, Counsel for Amicus-Appellants.

Joran Eth, Esq. , James R. McGuire, Esq. , Morrison & Foerster, San Francisco, CA, Adam M. Regoli, Esq. , Morrison & Foerster, Denver, CO, Counsel for Amicus-Appellee.

Before: AMBRO and KRAUSE, Circuit Judges, and THOMPSON, District Judge.


OPINION OF THE COURT

Appellant Ryan S. Watson ("Watson"), individually and on behalf of the Watson Family Gun Trust, filed this action claiming that the de facto ban on the possession of a machine gun1 found in 18 U.S.C. § 922(o) is unconstitutional facially and as-applied to...

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