GUEDES v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS

No. 19-5042 Consolidated with 19-5044.

920 F.3d 1 (2019)

Damien GUEDES, et al., Appellants v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 1, 2019.


Attorney(s) appearing for the Case

Erik S. Jaffe argued the cause for appellants Damien Guedes, et al. With him on the briefs were Joshua Prince and Adam Kraut .

Stephen D. Stamboulieh and Alan Alexander Beck were on the brief for appellants David Codrea, et al.

Ilya Shapiro was on the brief for amicus curiae Cato Institute in support of appellants.

Conor Shaw and Nikhel S. Sus were on the brief for amici curiae Citizens for Responsibility and Ethics in Washington and Former Government and Ethics Officials in support of appellants.

Steven M. Simpson was on the brief for amici curiae The New Civil Liberties Alliance and W. Clark Aposhian in support of appellants.

J. Carl Cecere, Jr. was on the brief for amicus curiae Morton Rosenberg in support of reversal.

Bradley Hinshelwood , Attorney, and Hashim M. Mooppan , Deputy Assistant Attorney General, U.S. Department of Justice, argued the causes for appellees. With them on the brief were Matthew J. Glover , Counsel to the Assistant Attorney General, and Scott R. McIntosh , Michael S. Raab , and Abby C. Wright , Attorneys.

Ian Simmons , Matt Schock , and Anthony G. Beasley were on the brief for amicus curiae Giffords Law Center to Prevent Gun Violence in support of appellees.

Opinion concurring in part and dissenting in part filed by Circuit Judge Henderson.


In October 2017, a lone gunman armed with bump-stock-enhanced semiautomatic weapons murdered 58 people and wounded hundreds more in a mass shooting at a concert in Las Vegas, Nevada. In the wake of that tragedy, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("Bureau") promulgated through formal notice-and-comment proceedings a rule...

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