MOCK v. GARLAND

No. 23-10319.

75 F.4th 563 (2023)

William T. MOCK; Christopher Lewis; Firearms Policy Coalition, Incorporated, a nonprofit corporation; Maxim Defense Industries, L.L.C., Plaintiffs-Appellants, v. Merrick GARLAND, U.S. Attorney General, in his official capacity as Attorney General of the United States; United States Department of Justice; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Steven Dettelbach, in his official capacity as the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 1, 2023.


Attorney(s) appearing for the Case

Erik Scott Jaffe (argued), Esq. , Schaerr Jaffe, L.L.P., Washington, DC, Richard Brent Cooper , Cooper & Scully, P.C., Dallas, TX, Cody J. Wisniewski , Attorney, Firearms Policy Coalition, Las Vegas, NV, for Plaintiffs-Appellants.

Sean Janda (argued), Benjamin Lewis , 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.

Ryan Baasch , Office of the Texas Attorney General, Solicitor General, Austin, TX, for Amicus Curiae State of Texas.

Stephen Dean Stamboulieh, Esq. , Stamboulieh Law, P.L.L.C., Olive Branch, MS, Ryan Baasch (argued), Office of the Texas Attorney General, Solicitor General, Austin, TX, for Amici Curiae Brady Brown, Gun Owners of America, Incorporated, Gun Owners Foundation.

Stephen Obermeier , Wiley Rein, L.L.P., Washington, DC, for Amici Curiae Firearms Regulatory Accountability Coalition, Incorporated, NST Global, L.L.C., doing business as SB Tactical, Palmetto State Armory, L.L.C.

Stephen Klein , Barr & Klein, P.L.L.C., Washington, DC, for Amicus Curiae American Firearms Association.

Autumn Hamit Patterson , Clayton Way Calvin , Attorney, Robert E. Henneke , Texas Public Policy Foundation, Austin, TX, Chance Weldon , Austin, TX, for Amicus Curiae Texas Public Policy Foundation.

Before Smith, Higginson, and Willett, Circuit Judges.


The National Firearms Act of 1934 ("NFA") and the Gun Control Act of 1968 ("GCA") are two of the primary means of federal arms regulation and licensure. To that end, the statutes impose heightened, and at times, onerous requirements on manufacturing, selling, and transferring certain firearms, including short-barreled...

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