GUN OWNERS OF AMERICA, INC. v. GARLAND

No. 19-1298.

19 F.4th 890 (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: December 3, 2021.


Attorney(s) appearing for the Case

ARGUED: Robert J. Olson , WILLIAM J. OLSON, P.C., Vienna, Virginia, for Appellants. Mark B. Stern , 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. Mark B. Stern , Abby C. Wright , Brad Hinshelwood , Kyle T. Edwards , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Alan Alexander Beck , San Diego, California, Stephen D. Stamboulieh , STAMBOULIEH LAW, PLLC, Olive Branch, Mississippi, Michael T. Jean , Hadan W. Hatch , NATIONAL RIFLE ASSOCIATION OF AMERICA, Fairfax, Virginia, John I. Harris III , SCHULMAN, LEROY & BENNETT PC, Nashville, Tennessee, Sebastian D. Torres , BISGAARD & SMITH LLP, Cincinnati, Ohio, Ilya Shapiro , CATO INSTITUTE, Washington, D.C., Richard A. Samp , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., David M. S. Dewhirst , OFFICE OF THE MONTANA ATTORNEY GENERAL, Helena, Montana, Joseph G. S. Greenlee , FIREARMS POLICY COALITION, Sacramento, California, Ian Simmons , O'MELVENY & MYERS LLP, Washington, D.C., John Cutonilli, Garrett Park, Maryland, pro se, for Amici Curiae.

The En Banc Court of the Sixth Circuit Court of Appeals delivered an order. WHITE, Circuit Judge (pp. 896-909), in which MOORE, COLE, CLAY, and STRANCH, Circuit Judges, joined, and GIBBONS, Circuit Judge (pg. 909-10), in which MOORE, COLE, WHITE, and STRANCH, Circuit Judges, joined, delivered separate opinions in support of affirming the district court's judgment. MURPHY, Circuit Judge (pp. 910-28), delivered a separate dissenting opinion, in which SUTTON, Chief Judge, BATCHELDER, KETHLEDGE, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges, joined.


ORDER

On Petition for Rehearing En Banc.

Pursuant to Rule 35 of the Federal Rules of Appellate Procedure and Sixth Circuit Rule 35, a majority of the active judges of this court voted to grant en banc review of this case. By published order of the court, entered on June 25, 2021, rehearing en banc was granted and the previous opinion was vacated. Following argument heard by the court en banc on October 20, 2021 and a conference among the judges...

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