No. 20-550

Heon Jong Yoo, aka Hank Yoo v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-28
Status: Denied
Type: Paid
Response Waived
Tags: 18-usc-924 atf-form-4473 federal-firearms-licensee firearms-licensee firearms-transfer jurisdictional-fact national-of-the-united-states national-status statutory-offense
Key Terms:
ERISA CriminalProcedure Immigration Copyright Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (from Petition)

A. Are the instructions on an ATF Form 4473 evidence of a jurisdictional fact such that the jurisdictional element of the statutory offense found at 18 U.S.C. § 924(a)(1)(A) is surplus, and does present tense testimony concerning the licensure of a firearms dealer also refer to the past in order to establish that same jurisdictional fact?

B. Do statutes, Courts, or the Bureau of Immigration Appeals determine what is a "National" of the United States for purposes of a Form 4473?

C. Do statutes, Courts, or the Bureau of Alcohol, Tobacco Firearms and Explosives determine what information is required to be kept by a federal firearms licensee for purposes of 18 U.S.C. § 924(a)(1)(A)?

Question Presented (AI Summary)

Are the instructions on an ATF Form 4473 evidence of a jurisdictional fact such that the jurisdictional element of the statutory offense found at 18 U.S.C. § 924(a)(1)(A) is surplus, and does present tense testimony concerning the licensure of a firearms dealer also refer to the past in order to establish that same jurisdictional fact?

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-21
Petition for a writ of certiorari filed. (Response due November 27, 2020)

Attorneys

Heon Jong Yoo
L. Charles Van CleefVan Cleef Law Office, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent