Gun Owners of Am., Inc. v. Merrick B. Garland

2 F.4th 576

• Court: Court of Appeals for the Sixth Circuit
• Decided: June 25, 2021
• Docket: 19-1298
• Status: Published

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 21a0144p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

GUN OWNERS OF AMERICA, INC.; GUN OWNERS ┐ FOUNDATION; VIRGINIA CITIZENS DEFENSE LEAGUE; │ MATT WATKINS; TIM HARMSEN; RACHEL MALONE, │ Plaintiffs-Appellants, │ │ > No. 19-1298 GUN OWNERS OF CALIFORNIA, INC., │ Movant, │ │ │ v. │ │ MERRICK B. GARLAND, in his official capacity as │ Attorney General of the United States; UNITED STATES │ DEPARTMENT OF JUSTICE; BUREAU OF ALCOHOL, │ TOBACCO, FIREARMS AND EXPLOSIVES; MARVIN G. │ RICHARDSON, in his official capacity as Acting │ Director, Bureau of Alcohol, Tobacco, Firearms, and │ Explosives, │ │ Defendants-Appellees. │ ┘

On Petition for Rehearing En Banc United States District Court for the Western District of Michigan at Grand Rapids. No. 1:18-cv-01429—Paul Lewis Maloney, District Judge.

Decided and Filed: June 25, 2021

Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN and MURPHY.*

* Judge Readler recused himself from participation in this case. No. 19-1298 Gun Owners of Am., Inc., et al. v. Garland, et al. Page 2

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ORDER _________________

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

ENTERED BY ORDER OF THE COURT

__________________________________ Deborah S. Hunt, Clerk