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HOLLIS v. LYNCH

No. 15-10803.

827 F.3d 436 (2016)

Jay Aubrey Isaac HOLLIS, Individually and as Trustee of the Jay Aubrey Isaac Hollis Revocable Living Trust, Plaintiff-Appellant, v. Loretta E. LYNCH, Attorney General of the United States; Thomas E. Brandon, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 30, 2016.

Attorney(s) appearing for the Case

Stephen Dean Stamboulieh, Esq. , Stamboulieh Law, P.L.L.C., Madison, MS, Alan Alexander Beck, Esq. , Law Office of Alan Beck, San Diego, CA, for Plaintiff-Appellant.

Patrick George Nemeroff , Daniel M. Riess , U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

George M. Lee , Seiler Epstein Ziegler & Applegate, L.L.P., San Francisco, CA, for Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated, Mississippi Carry, Incorporated, Amici Curiae.

Herbert W. Titus, Esq. , Vienna, VA, for Gun Owners of America, Incorporated, Gun Owners Foundation, Gun Owners of California, Incorporated, Heller Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution, Bradley D. Rogers , Amici Curiae.

Before KING, SOUTHWICK, and HAYNES, Circuit Judges.

This appeal concerns the constitutionality of a 1986 federal statute that makes possession of a "machinegun" unlawful. Jay Aubrey Isaac Hollis, as trustee of his own revocable trust, submitted an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives to manufacture a machinegun. ATF denied his...

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