No. 22-976
Merrick B. Garland, Attorney General, et al. v. Michael Cargill
Tags: 2nd-amendment administrative-law atf atf-rule bump-stock firearms firearms-regulation machinegun-definition national-firearms-act statutory-interpretation trigger-mechanism
Latest Conference:
2023-11-03
(distributed 4 times)
Question Presented (from Petition)
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."
Question Presented (AI Summary)
Whether a bump stock device is a 'machinegun' as defined in 26 U.S.C. 5845(b)
Docket Entries
2024-07-16
Judgment Issued.
2024-06-14
Adjudged 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.
2024-02-28
Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan F. Mitchell, Austin, Tex.
2024-02-16
Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
2024-01-30
Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk.
2024-01-29
Brief amicus curiae of Manhattan Institute filed. (Distributed)
2024-01-29
Brief amicus curiae of FPC Action Foundation filed. (Distributed)
2024-01-29
Brief amicus curiae of Firearms Policy Coalition, Inc. filed. (Distributed)
2024-01-29
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
2024-01-29
Brief amici curiae of National Association for Gun Rights, Inc., et al. filed. (Distributed)
2024-01-29
Brief amici curiae of The Firearms Regulatory Accountability Coalition, et al. filed. (Distributed)
2024-01-29
Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
2024-01-29
Brief amicus curiae of National Rifle Association of America, Inc. filed. (Distributed)
2024-01-29
Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
2024-01-26
Brief amici curiae of Senator Cynthia Lummis, et al. filed. (Distributed)
2024-01-26
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
2024-01-26
Brief 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)
2024-01-23
Brief amicus curiae of The Buckeye Institute filed. (Distributed)
2024-01-22
Brief of respondent Michael Cargill filed. (Distributed)
2024-01-18
Record requested from the United States District Court for the Western District of Texas.
2024-01-18
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2024-01-12
Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 22, 2024.
2024-01-11
CIRCULATED.
2024-01-10
Motion for an extension of time to file respondent's brief on the merits filed.
2024-01-10
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-01-05
SET FOR ARGUMENT on Wednesday, February 28, 2024.
2023-12-26
Brief amici curiae of The District of Columbia, et al. filed.
2023-12-26
Brief amicus curiae of FAMM in support of neither party filed.
2023-12-26
Brief amici curiae of American Medical Association, et al. filed.
2023-12-22
Brief amici curiae of Chicago, et al. filed.
2023-12-22
Brief amicus curiae of Patrick J. Charles filed.
2023-12-22
Brief amicus curiae of Constitutional Accountability Center filed.
2023-12-21
Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
2023-12-18
Joint appendix filed. (Statement of cost filed.)
2023-12-18
Brief of petitioners Merrick B. Garland, et al. filed.
2023-11-03
Petition GRANTED.
2023-10-30
DISTRIBUTED for Conference of 11/3/2023.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-28
Rescheduled.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-08-02
Rescheduled.
2023-06-21
Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Brief of respondent Michael Cargill in support filed.
2023-05-08
Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
2023-04-25
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
2023-04-24
Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
2023-04-06
Petition for a writ of certiorari filed. (Response due May 8, 2023)
Attorneys
American Medical Association, American Academy of Pediatrics, American College of Physicians and American College of Surgeons
CITY OF CHICAGO
Constitutional Accountability Center
FAMM
David John Debold — Gibson Dunn & Crutcher LLP, Amicus
Firearms Policy Coalition, Inc.
David H. Thompson — Cooper & Kirk, PLLC, Amicus
FPC Action Foundation
Giffords Law Center to Prevent Gun Violence, Brady Center to Prevent Gun Violence, and Everytown for Gun Safety
Ian Simmons — O'Melveny & Myers LLP, Amicus
Gun Owners of America, et al.
William Jeffrey Olson — William J. Olson, P.C., Amicus
Manhattan Institute
Ilya Shapiro — Manhattan Institute, Amicus
Merrick B. Garland, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Michael Cargill
Jonathan F. Mitchell — Mitchell Law PLLC, Respondent
Markham Sterling Chenoweth — New Civil Liberties Alliance, Respondent
Richard A. Samp — New Civil Liberties Alliance, Respondent
National Association for Gun Rights, Inc., the National Foundation for Gun Rights, Inc. and Rare Breed Triggers, LLC
David Alan Warrington — Dhillon Law Group, Inc., Amicus
National Association of Criminal Defense Lawyers
National Rifle Association of America, Inc.
National Shooting Sports Foundation, Inc.
Erin E. Murphy — Clement & Murphy, PLLC, Amicus
Pacific Legal Foundation
Glenn Evans Roper — Pacific Legal Foundation, Amicus
Patrick J. Charles
Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life
C. D. Michel — Michel & Associates, P.C., Amicus
Senators Cynthia Lummis, Mike Lee, et al.; Professors of Second Amendment Law; Independence Institute
David Benjamin Kopel — Independence Institute, Amicus
The Buckeye Institute
David Christian Tryon — The Buckeye Institute, Amicus
The District of Columbia et al.
The Firearms Regulatory Accountability Coalition and Palmetto State Armory, LLC
Stephen Joseph Obermeier — Wiley Rein LLP, Amicus