Opinion
No. 20-51016
06-23-2022
Michael CARGILL, Plaintiff—Appellant, v. Merrick GARLAND, U.S. Attorney General; United States Department of Justice; Regina Lombardo, in her official capacity as Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants—Appellees.
Caleb Kruckenberg, Pacific Legal Foundation, Arlington, VA, 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, Kyle T. Edwards, Mark Bernard Stern, Esq., Abby Christine Wright, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants—Appellees. Michael Jean, National Rifle Association of America, Fairfax, VA, for Amicus Curiae National Rifle Association of America. John D. Cline, San Francisco, CA, 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, Tennessee Firearms Association, Virginia Citizens Defense League, Arizona Citizens Defense League, Grass Roots North Carolina, Rights Watch International, Conservative Legal Defense and Education Fund, Heller Foundation. Glenn Evans Roper, Pacific Legal Foundation, Highlands Ranch, Daniel Ortner, Counsel, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation. Joseph Greenlee, Firearms Policy Coalition, Sacramento, CA, for Amici Curiae Firearms Policy Coalition, Center to Keep and Bear Arms. Ian Simmons, O'Melveny & Myers, L.L.P., Washington, DC, for Amicus Curiae Giffords Law Center to Prevent Gun Violence.
Caleb Kruckenberg, Pacific Legal Foundation, Arlington, VA, 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, Kyle T. Edwards, Mark Bernard Stern, Esq., Abby Christine Wright, U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants—Appellees.
Michael Jean, National Rifle Association of America, Fairfax, VA, for Amicus Curiae National Rifle Association of America.
John D. Cline, San Francisco, CA, 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, Tennessee Firearms Association, Virginia Citizens Defense League, Arizona Citizens Defense League, Grass Roots North Carolina, Rights Watch International, Conservative Legal Defense and Education Fund, Heller Foundation.
Glenn Evans Roper, Pacific Legal Foundation, Highlands Ranch, Daniel Ortner, Counsel, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.
Joseph Greenlee, Firearms Policy Coalition, Sacramento, CA, for Amici Curiae Firearms Policy Coalition, Center to Keep and Bear Arms.
Ian Simmons, O'Melveny & Myers, L.L.P., Washington, DC, for Amicus Curiae Giffords Law Center to Prevent Gun Violence.
Before Richman, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.
ON PETITION FOR REHEARING EN BANC
Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated December 14, 2021, is VACATED.