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); ATF Acting Director Regina Lombardo (by substitution; previously Thomas Brandon); Attorney General Monty Wilkinson (by substitution; previously Matthew Whitaker and William Barr); the 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
Docket: D. DC case no. 1:18-cv-02988, DC Circuit case no. 21-5045, Supreme Court case no. 22-1222 | CourtListener Docket
Click HERE to make a tax-deductible donation to support this case & important legal action programs!
Key Case Filings & Updates:
Supreme Court (Merits)
- 2023-9-15: Reply Brief for Petitioners
- 2023-9-5: Brief for the Respondents
- 2023-6-14: Petition for a Writ of Certiorari
Court of Appeals (Merits)
- 2023-5-2: Order Denying En Banc Petition
- 2023-4-26: 28(j) Letter
- 2023-1-13: Response to 28(j) Letter
- 2023-1-9: 28(j) Letter
- 2022-11-2: Response to Petition for Rehearing en Banc
- 2022-9-23: Appellants’ Petition for Rehearing en Banc
- 2022-8-9: Opinion
- 2022-3-8: Oral Arguments
- 2022-2-10: 28(j) Letter
- 2021-12-13: Final Brief for Appellees
- 2021-12-9: Final Brief of Appellants
- 2021-12-9: Appellants’ Final Reply Brief
- 2021-11-22: Appellants' Reply Brief
- 2021-11-1: Brief for Appellees
- 2021-9-6: Amended Brief of Appellants
- 2021-9-1: Brief of Appellants
- 2021-6-10: Order Denying Petition for Initial Hearing En Banc
- 2021-5-26: Appellees’ Response to Petition for Initial Hearing En Banc
- 2021-4-16: Petition for Hearing En Banc
- 2021-3-25: Docketing Submission For Appellants
District Court (Merits)
- 2021-2-19: Notice of Appeal
- 2021-2-19: Memorandum Opinion
- 2021-2-19: Order on Motions for Summary Judgment
- 2020-8-21: Plaintiffs' Reply Memorandum Of Points And Authorities In Support Of Plaintiffs’ Cross-Motion For Summary Judgment
- 2020-7-24: Defendants' Reply In Support Of Defendants’ Motion For Summary Judgment And Memorandum Of Points And Authorities In Opposition To Plaintiffs’ Cross-Motion For Summary Judgment
- 2020-7-8: Plaintiffs' Amended Memo. in Support of Cross-Motion for Summary Judgment
- 2020-6-26: Plaintiffs' Cross-Motion for Summary Judgment, Proposed Order, Statement of Facts (incl. Dec. of Ashley Hlebinsky ISO Plaintiffs' MSJ)
- 2020-6-26: Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and Reply to Defendants' Statement of Material Facts
- 2020-5-28: Defendants' Motion for Summary Judgment (18MB PDF)
- 2020-5-28: Defendants' Answer to Plaintiffs' Second Amendment Complaint
- 2020-4-7: BATFE Bump-Stock Ban Administrative Record (Complete) (721MB PDF); ZIP folder containing all files (721MB ZIP)
- 2020-3-31: Second Amended Complaint; Exhibit A Part 1; Exhibit A Part 2; Exhibit B; Exhibit C
- 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)
Click HERE to make a tax-deductible donation to support this case & important legal action programs!
Prior / Interlocutory Actions & Events
- 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 - United States Supreme Court
- Center for Constitutional Jurisprudence brief in support of petition for certiorari filed - United States Supreme Court
- NCLA brief in support of petition for certiorari filed - United States Supreme Court
- Due Process Institute and Buckeye Institute brief in support of petition for certiorari filed - United States Supreme Court
- National Right to Work LDF brief in support of petition for certiorari filed - United States Supreme Court
- 2019-10-2: Amicus briefs in support of petition filed
- FPC brief in support of petition for certiorari filed - United States Supreme Court
- NFAFA, CGF, AZCDL brief in support of petition for certiorari filed - 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.
- 2019-8-29: Petition for Certiorari; Appendix; News Release
- 2019-4-5: Stay denied by the Supreme Court. (Justices Thomas and Gorsuch would have granted.)
- 2019-4-3: Application for Stay Pending Petition for Writ of Certiorari
- 2019-4-1: D.C. Circuit Opinion; Judgment & Order
- 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
- 2019-3-25: Appellants' Reply in Support of Emergency Motion
- 2019-3-25: Government Respondents' Opposition to Emergency Motion
- 2019-3-24: Appellants' Emergency Joint Motion to Amend Stay Order
- 2019-3-23: D.C. Circuit Per Curiam Order Staying Enforcement, etc.
- 2019-3-22: Oral Arguments held at the D.C. Circuit (9:30am ET) - Transcript of Hearing / Audio
- 2019-3-15: Appellant Guedes, et al. (no. 19-5042) Reply Brief filed
- 2019-3-15: Appellant FPC's (no. 19-5043) Reply Brief filed
- 2019-3-14: Appellants Codrea, et al.'s (no. 19-5044) Reply Brief filed
- 2019-3-13: Amicus brief of Giffords Law Center in support of the Trump Bumpstock Ban
- 2019-3-13: Government Appellees' Brief; Addendum
- 2019-3-11: Amicus brief of New Civil Liberties Alliance and W. Clark Aposhian in support of Appellants Guedes et al. (12-5042)
- 2019-3-11: Amicus brief of Morton Rosenberg in support of Appellant FPC (12-5043)
- 2019-3-11: Amicus brief of Citizens for Responsibility and Ethics in Washington and Former Government Ethics Officials in support of Appellant FPC (12-5043)
- 2019-3-11: Amicus brief of Constitutional Scholars and Law Professors Erwin Chemerinsky, Alan B. Morrison, Victoria Nourse, Peter M. Shane, and Jed Shugerman in support of Appellant FPC (12-5043)
- 2019-3-8: Amicus brief of the Cato Institute in support of Appellants Guedes et al. (12-5042)
- 2019-3-4: FPC, FPF Announce Expedited Appeal in Bumpstock Cases
- 2019-3-4: Joint Appendix (all)
- 2019-3-4: Appellants' Opening Brief (no. 19-5043) FPC v. Whitaker; Addendum
- 2019-3-4: Appellants' Opening Brief (no. 19-5042) Guedes v. BATFE (lead case); Addendum
- 2019-3-3: Appellants' Opening Brief (no. 19-5044) Codrea v. Whitaker
- 2019-3-1: Court of Appeals for the D.C. Circuit Order Granting Motion to Expedite and Setting Briefing and Argument Schedule
- 2019-2-27: FPC/FPF Appellants' Joint Reply in Support of Motion to Expedite
- 2019-2-26: Gov't Appellees' Opposition to Motion to Expedite
- 2019-2-26: FPC/FPF Appellants' Joint Motion to Expedite Briefing and Oral Arguments
- 2019-2-25: Joint Statement on Federal Court Ruling That Denies Law-Abiding American’s Temporary Protection from President Trump’s Unconstitutional Bumpstock Ban
- 2019-2-20: Notice of Appeal Filed
- 2019-2-20: Memorandum Opinion Denying Motions for Preliminary Injunction
- 2019-2-9: ATF response to FPF FOIA re Bumpstocks - Part 2
- 2019-2-9: ATF response to FPF FOIA re Bumpstocks - Part 1
- 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)
- 2019-1-29: Reply Brief in Support of Motion for Preliminary Injunction
- 2019-1-22: Government's Consolidated Opposition to Motion for Preliminary Injunction
- 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.
- 2018-12-26: FPF adds Florida Carry and Missouri State Rep. Shane Roden as Plaintiffs in Bump-Stock Lawsuit
- 2018-12-26: First Amended Complaint; Exhibit A (Part 1-1, Part 1-2, Part 1-3, Part 2-1, Part 2-2, Part 2-3); Declarations of Missouri State Rep. Shane Roden, Sean Caranna, Jonathan Jensen
- 2018-12-26: Notice of Voluntary Dismissal (FPC) [Note: See FPC v. Whitaker]
- 2018-12-18: Motion for Preliminary Injunction and Related Documents
- 2018-12-18: Complaint; Notice of Exhibits; Exhibit A (Part 1-1, Part 1-2, Part 1-3, Part 1-4, Part 2-1, Part 2-2)
- 2018-12-18: Federal Lawsuit Filed Challenging Trump Bump-Stock Ban
- 2018-12-18: ATF/DOJ Final Rule Banning Bump-Stock Devices
- 2018-6-27: Pre-Litigation Comments in Opposition to Proposed Rulemaking
- 2018-6-27: Attorneys for FPC, FPF file 923-page opposition to ATF's illegal 'bump-stock' ban proposal, demand hearing
- 2018-2-26: President Trump Says He Will ‘Write Out’ Bump Stocks Without Congress; Two Second Amendment Groups Initiate Legal Action to Oppose Ban
- 2018-2-20: FPC Calls President Trump’s ‘Bump Stock’ Ban “Lawless”
- 2018-1-25: Pre-Litigation Comments in Opposition to Advanced Notice of Proposed Rulemaking
- 2018-1-25: FPC Says ATF ‘Bump Stock’ Regulation Proposal is “Illegal”
- 2017-10-6: Firearms Policy Coalition Repudiates Proposed Bans on Semi-Automatic Firearms and Accessories, Including “Bump Fire” Stocks
DONATE TO SUPPORT THIS CRITICAL CASE
Do you like this page?