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GUN OWNERS OF AMERICA, INC. v. GARLAND

No. 19-1298.

992 F.3d 446 (2021)

GUN OWNERS OF AMERICA, INC.; Gun Owners Foundation; Virginia Citizens Defense League; Matt Watkins; Tim Harmsen; Rachel Malone, Plaintiffs-Appellants, Gun Owners of California, Inc., Movant, v. Merrick B. GARLAND, in his official capacity as Attorney General of the United States; United States Department of Justice; Bureau of Alcohol, Tobacco, Firearms and Explosives; Regina Lombardo, in her official capacity as Acting Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2021.

Attorney(s) appearing for the Case

ARGUED: Robert J. Olson , WILLIAM J. OLSON, P.C., Vienna, Virginia, for Appellants. Brad Hinshelwood , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Robert J. Olson , WILLIAM J. OLSON, P.C., Vienna, Virginia, Kerry L. Morgan , PENTIUK, COUVREUR & KOBILJAK, P.C., Wyandotte, Michigan, for Appellants. Brad Hinshelwood , Abby C. Wright , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Ilya Shapiro , CATO INSTITUTE, Washington, D.C., James Bardwell , NATIONAL ASSOCIATION FOR GUN RIGHTS, Loveland, Colorado, for Amici Curiae.

BATCHELDER, J., delivered the opinion of the court in which MURPHY, J., joined. WHITE, J. (pp. 475-92), delivered a separate dissenting opinion.

OPINION

The question before us is whether a bump stock may be properly classified as a machine gun as defined by 26 U.S.C. § 5845(b).1 But this case rests as much on who determines the statute's meaning as it does on what the statute means.

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