Summary: Federal lawsuit challenging ATF/President Trump's ban on "bump stock" devices by executive fiat
Plaintiffs: Damien Guedes, Firearms Policy Foundation, Madison Society Foundation, Florida Carry, Inc., Missouri state Rep. Shane Roden
Defendants: Bureau of Alcohol, Tobacco, Firearms and Explosives; ATF Acting Director Regina Lombardo (by substitution; previously Thomas Brandon); Attorney General William Barr (by substitution; previously Matthew Whitaker); United States of America
Litigation Counsel: Joshua Prince, Esq. (FPF/Guedes plaintiffs) - Civil Rights Defense Firm, P.C.; Adam Kraut, Esq. (FPF/Guedes plaintiffs) - Civil Rights Defense Firm, P.C.; Erik Jaffe (FPF/Guedes plaintiffs) - Schaerr-Jaffe LLP
- Erik Jaffe has been involved in appeals on a broad range of legal issues, including First Amendment challenges to campaign finance reform, Commerce Clause challenges to Health Care Reform and other federal legislation, Equal Protection Clause challenges to affirmative action in education, First Amendment challenges to school vouchers, Fifth Amendment challenges to takings of property, Second Amendment challenges to restrictions on gun ownership, and a wide variety of cases involving patents, copyrights, ERISA, securities fraud, federal preemption, environmental regulation, and other state and federal constitutional and statutory matters. He has represented businesses and non-profit groups, Judges, Senators, former government officials, Nobel Prize winners, and a broad cross-section of private individuals. Mr. Jaffe has been involved in over 100 Supreme Court matters, including filing 30 cert. petitions, representing half-a-dozen parties on the merits, and filing over 60 amicus briefs at both the cert. and merits stages. A 1990 graduate of the Columbia University School of Law, Mr. Jaffe was a law clerk to Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit from 1990 to 1991. Following that clerkship he spent five years in litigation practice with the Washington, D.C. law firm of Williams & Connolly. In the summer of 1996 he left Williams & Connolly to clerk for Supreme Court Justice Clarence Thomas. At the end of that clerkship he started his own practice, and he was a sole practitioner from 1997 to 2018. He joined the firm in 2018.
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Key Case Filings & Updates
2020-6-26: Plaintiffs' Cross-Motion for Summary Judgment, Proposed Order, Statement of Facts (incl. Dec. of Ashley Hlebinsky ISO Plaintiffs' MSJ)
2020-5-28: Defendants' Motion for Summary Judgment (18MB PDF)
2020-4-7: BATFE Bump-Stock Ban Administrative Record (Complete) (721MB PDF); ZIP folder containing all files (721MB ZIP)
2020-3-19: MINUTE ORDER. Upon consideration of the parties' Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: (1) the plaintiffs shall file their amended complaint on or before March 31, 2020; (2) pursuant to LCvR 7(n), the defendants shall file a certified list of the contents of the administrative record, and provide a copy of the administrative record to the plaintiffs, on or before April 7, 2020; (3) the defendants shall file their answer in response to the plaintiffs' amended complaint, along with their motion for summary judgment, on or before May 28, 2020; (4) the plaintiffs shall file their cross-motion for summary judgment, along with their opposition to the defendants' motion for summary judgment, on or before June 26, 2020; (5) the defendants shall file their opposition to the plaintiffs' cross-motion, along with their reply in support of summary judgment, on or before July 24, 2020; and (6) the plaintiffs shall file their reply in support of summary judgment on or before August 21, 2020. So Ordered by Judge Dabney L. Friedrich on March 19, 2020. (lcdlf2) (Entered: 03/19/2020)
Prior / Interlocutory Actions
2020-3-2: Petition for Certiorari on interlocutory appeal denied; Statement of Justice Gorsuch
2019-12-19: FPF, et al. submit reply brief in support of petition for certiorari with the United States Supreme Court
2019-12-4: Federal Government's Response Brief in Opposition filed
2019-10-4: Amicus briefs in support of petition filed
Cato Institute brief in support of petition for certiorari filed (PDF) - United States Supreme Court
Center for Constitutional Jurisprudence brief in support of petition for certiorari filed (PDF) - United States Supreme Court
NCLA brief in support of petition for certiorari filed (PDF) - United States Supreme Court
Due Process Institute and Buckeye Institute brief in support of petition for certiorari filed (PDF) - United States Supreme Court
National Right to Work LDF brief in support of petition for certiorari filed (PDF) - United States Supreme Court
2019-10-2: Amicus briefs in support of petition filed
FPC brief in support of petition for certiorari filed (PDF) - United States Supreme Court
NFAFA, CGF, AZCDL brief in support of petition for certiorari filed (PDF) - United States Supreme Court
2019-8-29: FPF, et al. submit petition for certiorari with the United States Supreme Court
2019-6-17: FPF, et al. submit application to U.S. Supreme Court, Circuit Justice Roberts for extension of time to file a petition for writ of certiorari in Guedes, et al. v. BATFE (bumpstock ban challenge)
2019-4-5 UPDATE 2: If a person wishes to turn in their affected bumpstock device, Chief Counsel Joshua Prince of Firearms Industry Consulting Group, who is representing Firearms Policy Foundation and numerous other plaintiffs in Guedes, et al. v. ATF, et al., suggests that individuals surrender the item under protest to preserve your rights. You can read more about that process at the FICG website here. We will continue to aggressively litigate this case and work to defend American gun owners from this unconstitutional and unlawful ban mandated by President Donald Trump.
2019-4-5 UPDATE 1: The Supreme Court has denied the latest stay application. (Justices Thomas and Gorsuch would have granted.) We are in the process of requesting a stay from the D.C. Circuit and will seek en banc rehearing.
2019-4-3 UPDATE 2: Link to U.S. Supreme Court docket for application for stay
2019-4-3 UPDATE 1: We have filed a second stay application with Chief Justice Roberts.
2019-4-1 UPDATE 1: The D.C. Circuit has ruled 2-1 against the Guedes et al. appellants, with a strong dissent by Judge Henderson. Opinion here. We will post updates and developments here.
2019-3-28 UPDATE 1: The Supreme Court has denied a second stay application. Their denial does not change the stay currently in effect under FPF/Guedes v. BATFE.
2019-3-26 UPDATE 1: Chief Justice Roberts denied the stay application. Statement here. will continue to Follow the latest developments here at BumpstockCase.com and on Twitter at @gunpolicyfdn and @gunpolicy. Members of the news media seeking statements or interviews should contact us here.
2019/3/25 UPDATE 2: Our attorneys have sought and have filed an Emergency Stay Application with the U.S. Supreme Court. Link to Application is below. Follow the latest developments here at BumpstockCase.com and on Twitter at @gunpolicyfdn and @gunpolicy. Members of the news media seeking statements or interviews should contact us here.
2019/3/25 UPDATE 1: This morning the U.S. DOJ filed brief arguing that Members of Firearms Policy Foundation who own/possess bump-stock-type devices are currently protected by the D.C. Circuit's administrative stay of the ATF's bumpstock ban Final Rule. To become a member and Join FPF please donate $1 or more at FightATF.com or JoinFPF.org.
2019-4-5: Stay denied by the Supreme Court. (Justices Thomas and Gorsuch would have granted.)
2019-3-26: ATF Final Rule takes effect except for those individuals subject to stay orders and members of Firearms Policy Foundation, et al.
2019-3-25: Application for Emergency Stay from Circuit and Chief Justice John Roberts, U.S. Supreme Court (no. 18A964)
2019-3-25: D.C. Circuit Order on Emergency Motion
2019-3-4: Joint Appendix (all)
2019-2-20: Notice of Appeal Filed
2019-2-6: Hearing on Motion for Preliminary Injunction set for 2:00 p.m. before District Judge Dabney L. Friedrich (U.S. District Court for the District of Columbia, 333 Constitution Avenue N.W. Washington D.C. 20001) (Hearing Transcript)
2019-1-8: Cases 18-cv-2988 (Guedes v. BATFE) and 18-cv-3083 (FPC v. Whitaker) consolidated pursuant to Minute Order entered on 1/8/2019. All further filings made only in the lead case No. 18-cv-2988.
2018-12-18: ATF/DOJ Final Rule Banning Bump-Stock Devices