e-Journal Summary

e-Journal Number :	76630
Opinion Date :	12/03/2021
e-Journal Date :	12/08/2021
Court :	U.S. Court of Appeals Sixth Circuit
Case Name :	Gun Owners of Am., Inc. v. Garland
Practice Area(s) :	Administrative Law
Judge(s) :	Opinion in Support of Affirming the District Court’s Judgment – White, Moore, Cole, Clay, and Stranch; Separate Opinion in Support of Affirming the District Court’s Judgment – Gibbons, Moore, Cole, White, and Stranch; Dissent — Murphy, Sutton, Batchelder, Kethledge, Thapar, Bush, Larsen, and Nalbandian
	Full PDF Opinion

Issues:

The National Firearms Act; 26 USC § 5845(b); Whether an agency’s decision was entitled to deference under Chevron USA, Inc v Natural Res Def Council; Whether a “bump stock” may be properly classified as a machine gun under § 5845(b)

Summary

[This appeal was from the WD-MI.] In an order on a petition for rehearing en banc after the court vacated its prior opinion (see e-Journal # 75141 in the 3/31/21 edition for the original opinion), with equal numbers of judges voting to affirm and to reverse the district court’s ruling, it affirmed the district court. The district court ruled that plaintiffs-gun owners were unlikely to succeed on the merits and denied a preliminary injunction as to implementation of the ATF’s rule classifying bump stocks as machine guns.

Full PDF Opinion