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Armament Services International, Inc., et al. v. William P. Barr, Attorney General, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1125 · judgment January 22, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a business petitioner, and counsel who has filed here before.

Questions presented

  1. Whether the Third Circuit applied an improperly deferential standard of review in a de novo federal firearms licensing proceeding under 18 U.S.C. § 923(f)(3), when determining whether Petitioners “willfully” violated any provisions of the Gun Control Act?

  2. Whether the Third Circuit, while imputing the alleged conduct of a former officer of a federal firearms licensee to the company and its new president, inconsistently and improperly denied them the same statutory safeguards and protections regarding licensing decisions guaranteed to that former officer under 18 U.S.C. § 923(f)(4)?

Counsel of record

For petitioner
Erik S. Jaffe
Schaerr | Jaffe LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Order
Order list, October 7, 2019 · Certiorari denied

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 22 2019
    Waiver of right of respondent Barr, William P., et al. to respond filed.
  4. Jun 19 2019
    Petition for a writ of certiorari filed. (Response due July 22, 2019)