Legal Opinion

Guedes v. Bureau of Alcohol, Tobacco, Firearms

Court of Appeals for the D.C. Circuit

Decided April 1, 2019No. 19-5042; C/w 19-5044PublishedCited by 124 opinions

Opinion concurring in part and dissenting in part filed by Circuit Judge Henderson.

1Per curiam

In October 2017, a lone gunman armed with bump-stock-enhanced semiautomatic weapons murdered 58 people and wounded hundreds more in a mass shooting at a concert in Las Vegas, Nevada. In the wake of that tragedy, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("Bureau") promulgated through formal notice-and-comment proceedings a rule that classifies bump-stock devices as machine guns under the National Firearms Act, 26 U.S.C. §§ 5801 - 5872. See Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) ("Bump-Stock Rule"). The then-Acting Attorney General Matthew Whitaker initially…

Also in this document: Concurring in part, dissenting in part.

2Cases cited120 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  5. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971

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3Cited by124 opinions

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  3. Noris Babb v. Secretary, Department of Veterans AffairsCourt of Appeals for the Eleventh Circuit · 2021
  4. Aposhian v. BarrCourt of Appeals for the Tenth Circuit · 2020
  5. Garland v. CargillSupreme Court of the United States · 2024

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