Temporary Restraining Order: Ethan Mcrorey, Kaylee Flores, Gun Owners of America, Inc., and Gun Owners Foundation, V. Merrick B. Garland
Temporary Restraining Order: Ethan Mcrorey, Kaylee Flores, Gun Owners of America, Inc., and Gun Owners Foundation, V. Merrick B. Garland
COME NOW Plaintiffs, Ethan McRorey (“McRorey”), Kaylee Flores (“Flores”), Gun
Owners of America, Inc. (“GOA”), and Gun Owners Foundation (“GOF”) (collectively
“Plaintiffs”), by and through undersigned counsel, and hereby request, pursuant to Fed. R. Civ. P.
65, that this Court issue a Temporary Restraining Order, Preliminary Injunction, and/or Permanent
Injunction enjoining Defendants from enforcing 18 U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(l)
(the “Challenged Provisions”) contained in the Bipartisan Safer Communities Act, Pub. L. No.
The Challenged Provisions took effect on November 14, 2022 and mandate an automatic,
nationwide, indefinite waiting period on every prospective firearm purchaser who seeks to acquire
a firearm at a federally licensed dealer and who is at least 18 years of age but under 21 years of
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age, delaying the exercise of and thereby infringing the right to keep and bear arms for this entire
Unless immediately enjoined, the Challenged Provisions irreparably harm and violate
Second Amendment rights of young adults including Plaintiffs, who are otherwise law abiding and
As such, Plaintiffs request that this Court enter a temporary restraining order, followed by
a preliminary and/or permanent injunction, to enjoin the irreparable harm Plaintiffs are suffering
and will continue to suffer absent such relief, in the form of an Order restraining and enjoining the
explained in greater length in the accompanying Memorandum, the balance of equities and the
public interest favor granting a Temporary Restraining Order and overall injunctive relief.
Because this injunctive relief presents no monetary risk to Defendants, Plaintiffs request that the
Plaintiffs request that the Court issue an Order enjoining the Challenged Provisions until
such time as the Court can rule on the merits of Plaintiffs’ Complaint for Declaratory and
Injunctive Relief.
Upon filing this Motion and accompanying Memorandum in Support, Plaintiffs caused to
be delivered a true and correct copy to the individuals on the Certificate of Service.
Respectfully submitted,
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Brandon W. Barnett
Texas Bar No. 24053088
Barnett Howard & Williams PLLC
930 W. 1st St., Suite 202
Fort Worth, Texas 76102
817-993-9249 (T)
817-697-4388 (F)
E-mail: [email protected]
David G. Browne*
SPIRO & BROWNE, PLC
2400 Old Brick Road
Glen Allen, VA 23060
804-573-9220 (T)
804-836-1855 (F)
E-mail: [email protected]
*Pro hac vice application forthcoming
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CERTIFICATE OF CONFERENCE
counsel has entered an appearance for Defendants and Counsel does not know who will be
assigned to this matter. However, after filing, Counsel caused all pleadings, including this Motion
were involved in previous similar cases with Counsel. Counsel believes this Motion will be
opposed by Defendants.
CERTIFICATE OF SERVICE
I Stephen D. Stamboulieh, hereby certify that I have on this day, caused the foregoing
document or pleading to be mailed by United States Postal Service first-class mail, postage pre-
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Phone: 202-353-3098
Fax: 202-616-8460
Email: [email protected]
[email protected]
[email protected]
[email protected]