Michael CARGILL, Plaintiff-Appellant,
v.
Merrick GARLAND, in his official capacity as U.S. Attorney General; United States Department of Justice; Steven Dettelbach, in his official capacity as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
FILED January 6, 2023.
FILED January 6, 2023.
Attorney(s) appearing for the Case
Richard Abbott Samp , Chief Counsel, New Civil Liberties Alliance, Washington, DC, for Plaintiff-Appellant.
Bradley Hinshelwood , Trial Attorney, U.S. Department of Justice, Washington, DC, Mark Bernard Stern, Esq. , U.S. Department of Justice Civil Division, Appellate Section, Washington, DC, Abby Christine Wright , U.S. Department of Justice, Civil Division, Washington, DC, for Defendants-Appellees.
Michael Jean , National Rifle Association of America, Fairfax, VA, for Amicus Curiae National Rifle Association of America.
Stephen Obermeier , Wiley Rein, L.L.P., Washington, DC, for Amici Curiae Firearms Regulatory Accountability Coalition, Incorporated, and NST Global, L.L.C., B&T USA, L.L.C.
Robert Michael Miller, Fairfax, VA, Pro Se.
John D. Cline , Law Office of John D. Cline, Seattle, WA, for Amicus Curiae Due Process Institute.
William Jeffrey Olson, Esq. , Vienna, VA, for Amici Curiae Gun Owners of America, Incorporated, Gun Owners Foundation, Gun Owners of California, America's Future, Tennessee Firearms Association, Virginia Citizens Defense League, Arizona Citizens Defense League, Grass Roots North Carolina, Rights Watch International, Conservative Legal Defense and Education Fund, and Heller Foundation.
Glenn Evans Roper , Pacific Legal Foundation, Highlands Ranch, CO, Daniel Ortner , Counsel, Foundation for Individual Rights and Expression, Philadelphia, PA, for Amicus Curiae Pacific Legal Foundation.
Joseph Greenlee , Firearms Policy Coalition, Sacramento, CA, Joshua James Prince , Schaerr Jaffe, L.L.P., Washington, DC, for Amici Curiae Firearms Policy Coalition, and Center to Keep and Bear Arms.
Jeffrey Jennings , Liberty Justice Center, Chicago, IL, for Amicus Curiae Liberty Justice Center
Ian Simmons , O'Melveny & Myers, L.L.P., Washington, DC, for Amicus Curiae Giffords Law Center to Prevent Gun Violence.
Joshua James Prince , Schaerr Jaffe, L.L.P., Washington, DC, for Amicus Curiae FPC Action Foundation.
John Cutonilli, Garrett Park, MD, Pro Se.
Jennifer Walker Elrod, Circuit Judge, joined by Richman, Chief Judge, and Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges:
Since the National Firearms Act of 1934, federal law has heavily regulated machineguns. Indeed, as proposed, that law was known to many as "the Anti-Machine Gun Bill." The possession or transfer of a machinegun was eventually banned through the Gun Control Act of 1968 and the Firearms Owners' Protection Act of 1986. Today, possession of a machinegun is a federal crime, carrying a penalty of up to ten years' incarceration.
This appeal concerns a regulation promulgated...
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