Supreme Court of the United States · Official docket →
Damien Guedes, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5045 · judgment August 9, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a D.C. Circuit decision below.
Question presented
The question of statutory construction at the heart of this case concerns the meaning of the term “machinegun,” as defined by Congress in 26 U.S.C. § 5845(b). In 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) issued a set of regulations (collectively, “the Rule”), that reinterpreted “machinegun” more expansively than ever before to prohibit, for the first time, accessories known as non-mechanical bump stocks. Nevertheless, the D.C. Circuit upheld the Rule on summary judgment, finding that ATF’s novel interpretation of “machinegun” was, in fact, “the best interpretation.” In doing so, the court of appeals eschewed the district court’s earlier reliance on Chevron to uphold the rule. The questions presented are:
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Whether the definition of “machinegun” in 26 U.S.C. § 5845(b) includes non-mechanical bump stocks.
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If the definition of “machinegun” in 26 U.S.C. § 5845(b) is ambiguous, whether that ambiguity should be construed against the Government.
Counsel of record
For petitioner
David H. Thompson
Cooper & Kirk, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage
Proceedings
- Jul 26 2024Judgment Issued.
- Jun 24 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Garland v. Cargill, 602 U. S. ___ (2024).
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Sep 28 2023Rescheduled.
- Sep 20 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 15 2023Reply of petitioners Damien Guedes, et al. filed.
- Sep 05 2023Brief for the respondents Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. filed.
- Aug 17 2023Motion to extend the time to file a response is granted and the time is further extended to and including September 5, 2023.
- Aug 16 2023Motion to extend the time to file a response from August 21, 2023 to September 5, 2023, submitted to The Clerk.
- Jul 20 2023Brief amici curiae of Gun Owners of America, Inc., et al. filed.
- Jul 13 2023Motion to extend the time to file a response from July 20, 2023 to August 21, 2023, submitted to The Clerk.
- Jul 13 2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
- Jun 14 2023Petition for a writ of certiorari filed. (Response due July 20, 2023)