Supreme Court of the United States · Official docket →
Merrick B. Garland, Attorney General, et al. v. Michael Cargill
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-51016 · judgment January 6, 2023
Before the decision, about 18× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Question presented
Since 1986, Congress has prohibited the transfer or possession of any new "machinegun." 18 U.S.C. 922(o)(1). The National Firearms Act, 26 U.S.C. 5801 et seq., defines a "machinegun" as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger." 26 U.S.C. 5845(b). The statutory definition also encompasses "any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun." Ibid. A "bump stock" is a device designed and intended to permit users to convert a semiautomatic rifle so that the rifle can be fired continuously with a single pull of the trigger, discharging potentially hundreds of bullets per minute. In 2018, after a mass shooting in Las Vegas carried out using bump stocks, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published an interpretive rule concluding that bump stocks are machineguns as defined in Section 5845(b). In the decision below, the en banc Fifth Circuit held that the ATF rule was unlawful because the statutory definition of "machinegun" does not encompass bump stocks. The question presented is as follows: Whether a bump stock device is a "machinegun" as defined in 26 U.S.C. 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires "automatically more than one shot * * * by a single function of the trigger."
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Jonathan F. Mitchell
Mitchell Law PLLC
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 20 merits
(7 supporting pet./neither, 13 respondent)
Argument & decision
Argued February 28, 2024 — Brian H. Fletcher · Jonathan F. Mitchell. Audio and transcript
Decided June 14, 2024.
Proceedings
- Jul 16 2024Judgment Issued.
- Jun 14 2024Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
- Feb 28 2024Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan F. Mitchell, Austin, Tex.
- Feb 16 2024Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
- Jan 30 2024Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk.
- Jan 29 2024Brief amicus curiae of FPC Action Foundation filed. (Distributed)
- Jan 29 2024Brief amicus curiae of Firearms Policy Coalition, Inc. filed. (Distributed)
- Jan 29 2024Brief amicus curiae of Manhattan Institute filed. (Distributed)
- Jan 29 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
- Jan 29 2024Brief amici curiae of National Association for Gun Rights, Inc., et al. filed. (Distributed)
- Jan 29 2024Brief amici curiae of The Firearms Regulatory Accountability Coalition, et al. filed. (Distributed)
- Jan 29 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
- Jan 29 2024Brief amicus curiae of National Rifle Association of America, Inc. filed. (Distributed)
- Jan 29 2024Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
- Jan 26 2024Brief amici curiae of Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life filed. (Distributed)
- Jan 26 2024Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
- Jan 26 2024Brief amici curiae of Senator Cynthia Lummis, et al. filed. (Distributed)
- Jan 23 2024Brief amicus curiae of The Buckeye Institute filed. (Distributed)
- Jan 22 2024Brief of respondent Michael Cargill filed. (Distributed)
- Jan 18 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Jan 18 2024Record requested from the United States District Court for the Western District of Texas.
- Jan 12 2024Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 22, 2024.
- Jan 11 2024CIRCULATED.
- Jan 10 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Jan 10 2024Motion for an extension of time to file respondent's brief on the merits filed.
- Jan 05 2024SET FOR ARGUMENT on Wednesday, February 28, 2024.
- Dec 26 2023Brief amici curiae of American Medical Association, et al. filed.
- Dec 26 2023Brief amicus curiae of FAMM in support of neither party filed.
- Dec 26 2023Brief amici curiae of The District of Columbia, et al. filed.
- Dec 22 2023Brief amicus curiae of Constitutional Accountability Center filed.
- Dec 22 2023Brief amicus curiae of Patrick J. Charles filed.
- Dec 22 2023Brief amici curiae of Chicago, et al. filed.
- Dec 21 2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
- Dec 18 2023Brief of petitioners Merrick B. Garland, et al. filed.
- Dec 18 2023Joint appendix filed. (Statement of cost filed.)
- Nov 03 2023Petition GRANTED.
- 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.
- Aug 02 2023Rescheduled.
- Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 21 2023Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
- Jun 07 2023Brief of respondent Michael Cargill in support filed.
- May 08 2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
- Apr 25 2023Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
- Apr 24 2023Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
- Apr 06 2023Petition for a writ of certiorari filed. (Response due May 8, 2023)