MOREHOUSE ENTERPRISES, LLC, doing business as Bridge City Ordinance; Eliezer Jimenez; Gun Owners of America, Inc.; Gun Owners Foundation, Plaintiffs-Appellants
State of Arizona; State of West Virginia; State of Alaska; State of Arkansas; State of Idaho; State of Indiana; State of Kansas; Commonwealth of Kentucky; State of Louisiana; State of Missouri; State of Montana; State of Nebraska; State of Oklahoma; State of South Carolina; State of Texas; State of Utah; State of Wyoming, Plaintiffs
v.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES; United States Department of Justice; Bureau of Alcohol, Tobacco & Firearms, Director, Steven M. Dettelbach (formerly Gary M. Restaino), Defendants-Appellees
District of Columbia; State of New Jersey; State of Pennsylvania; State of California; State of Colorado; State of Connecticut; State of Delaware; State of Hawaii; State of Illinois; State of Maine; State of Maryland; State of Massachusetts; State of Michigan; State of Minnesota; State of New York; State of North Carolina; State of Oregon; State of Rhode Island; State of Washington; State of Wisconsin; Prosecutors Against Gun Violence; 16 Major Cities; Gun Violence Prevention Groups, Amici on Behalf of Appellee(s)
Morehouse Enterprises, LLC, doing business as Bridge City Ordinance; Eliezer Jimenez; Gun Owners of America, Inc.; Gun Owners Foundation; State of Arizona, Plaintiffs
State of West Virginia; State of Alaska; State of Arkansas; State of Idaho; State of Indiana; State of Kansas; Commonwealth of Kentucky; State of Louisiana; State of Missouri; State of Montana; State of Nebraska; State of Oklahoma; State of South Carolina; State of Texas; State of Utah; State of Wyoming, Plaintiffs-Appellants
v.
Bureau of Alcohol, Tobacco, Firearms and Explosives; United States Department of Justice; Bureau of Alcohol, Tobacco & Firearms, Director, Steven M. Dettelbach (formerly Gary M. Restaino), Defendants-Appellees
District of Columbia; State of New Jersey; State of Pennsylvania; State of California; State of Colorado; State of Connecticut; State of Delaware; State of Hawaii; State of Illinois; State of Maine; State of Maryland; State of Massachusetts; State of Michigan; State of Minnesota; State of New York; State of North Carolina; State of Oregon; State of Rhode Island; State of Washington; State of Wisconsin; Prosecutors Against Gun Violence; 16 Major Cities; Gun Violence Prevention Groups, Amici on Behalf of Appellee(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: March 14, 2023.
Filed: August 22, 2023.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellants Gun Owners Foundation, Morehouse Enterprises, LLC, Eliezer Jimenez and Gun Owners of America, Inc., was Robert Jeffrey Olson , of Vienna, VA. Kathleen L. Smithgall , of Arlington, VA, presented argument on behalf of appellants State of Kansas, State of West Virginia, State of Utah, State of Indiana, State of Missouri, State of Oklahoma, State of Montana, State of Arizona, State of Louisiana, State of Wyoming and Commonwealth of Kentucky in 22-2854.
Counsel who presented argument on behalf of the appellees was Sean Janda , of Washington, DC. The following attorney(s) appeared on the appellee brief; Abby Wright , of Washington, DC., Sean Janda , of Washington, DC, Michael S. Raab , of Washington, DC, and Mark B Stern , of Washington DC.
The following attorney(s) appeared on the amicus brief of Gun Violence Prevention Groups in Support of Defendants-Appellees and Affirmance; Kathleen R. Hartnett , of San Francisco, CA., Adam M. Katz , of Boston, MA., Daniel Grooms , of Washington, DC., and Rachel Alpert , of San Francisco, CA. The following attorneys appeared on the amicus brief of the District of Columbia and the States of New Jersey, Pennsylvania, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin were Karl A. Racine , AAG, of Washington, DC., Josh Shapiro , AAG, of Harrisburg, PA., Jeremy R. Girton , AAG, of Washington, DC, Matthew Platkin , AAG, of Trenton, NJ., Mayur Saxena , AAG, of Trenton, NJ., Tim Sheehan , AAG, of Trenton, NJ., and Jacob Boyer , AAG, of Philadelphia, PA. The following attorneys appeared on the amicus brief of 16 major cities and prosecutors against gun violence in support of the appellees; Marten N. King , of Seattle, WA., Lee S. Richards, III , of New York, NY., Caroline Van Zile , AAG, of Washington, DC., Ashwin Phatak , AAG, of Washington, DC., Arjun Ogale , AAG, of Washington, DC., Arthur Greenspan , of New York, NY., David Massey , of New York, NY., Rachel Mechanic , of New York, NY., Jacob Taber , of New York, NY., Rebecca Salk, of New York, NY.
Before COLLOTON, MELLOY, and GRUENDER, Circuit Judges.
MELLOY, Circuit Judge.
Two organizations, one individual, one business, (collectively "Private Plaintiffs") and seventeen states ("the States") sued the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") for overstepping its statutory authority and for violating federal law in promulgating the "Definition of `Frame or Receiver' and Identification...
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