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  • Mock vs. Garland

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    This document is an order from the United States Court of Appeals for the Fifth Circuit regarding a case challenging a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The order expedites the appeal to the next available oral argument calendar. It also grants the plaintiffs' motion for a preliminary injunction pending appeal, enjoining the enforcement of the challenged Final Rule against the plaintiffs in this case until the oral argument merits panel can further consider the issue. One of the circuit judges concurs in expediting the appeal but would only grant an administrative stay temporarily rather than a preliminary injunction, deferring the full determination to the merits panel.

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    Fifth Circuit injunction against ATF's pistol stabilizing brace rule.

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    This document is an order from the United States Court of Appeals for the Fifth Circuit regarding a case challenging a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The order expedites the appeal to the next available oral argument calendar. It also grants the plaintiffs' motion for a preliminary injunction pending appeal, enjoining the enforcement of the challenged Final Rule against the plaintiffs in this case until the oral argument merits panel can further consider the issue. One of the circuit judges concurs in expediting the appeal but would only grant an administrative stay temporarily rather than a preliminary injunction, deferring the full determination to the merits panel.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    15K views2 pages

    Mock vs. Garland

    Uploaded by

    streiff at redstate
    This document is an order from the United States Court of Appeals for the Fifth Circuit regarding a case challenging a Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The order expedites the appeal to the next available oral argument calendar. It also grants the plaintiffs' motion for a preliminary injunction pending appeal, enjoining the enforcement of the challenged Final Rule against the plaintiffs in this case until the oral argument merits panel can further consider the issue. One of the circuit judges concurs in expediting the appeal but would only grant an administrative stay temporarily rather than a preliminary injunction, deferring the full determination to the merits panel.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    Case: 23-10319 Document: 52-2 Page: 1 Date Filed: 05/23/2023

    United States Court of Appeals


    for the Fifth Circuit
    ___________

    No. 23-10319
    ___________

    William T. Mock; Christopher Lewis; Firearms Policy


    Coalition, Incorporated, a nonprofit corporation; Maxim
    Defense Industries, L.L.C.,

    Plaintiffs—Appellants,

    versus

    Merrick Garland, U.S. Attorney General, in his official capacity as


    Attorney General of the United States; United States Department
    of Justice; Bureau of Alcohol, Tobacco, Firearms, and
    Explosives; Steven Dettelbach, in his official capacity as the
    Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives,

    Defendants—Appellees.
    ______________________________

    Appeal from the United States District Court


    for the Northern District of Texas
    USDC No. 4:23-CV-95
    ______________________________

    UNPUBLISHED ORDER

    Before Haynes,1 Engelhardt, and Oldham, Circuit Judges.

    1
    Judge Haynes concurs only in part: she concurs in the order of an expedited appeal.
    With respect to the request for a preliminary injunction pending appeal, as a member of the
    motions panel, she would grant an administrative stay to the plaintiffs in this case as to the
    Case: 23-10319 Document: 52-2 Page: 2 Date Filed: 05/23/2023

    No. 23-10319

    Per Curiam:
    IT IS ORDERED that the appeal is EXPEDITED to the next
    available Oral Argument Calendar.
    IT IS FURTHER ORDERED that Appellants’ Opposed Motion
    For a Preliminary Injunction Pending Appeal is GRANTED as to the
    Plaintiffs in this case. See Fed. R. App. P. 8; Nken v. Holder, 556 U.S.
    418 (2009).

    challenged Final Rule for a brief period of time and defer the question of the injunction pending
    appeal to the oral argument merits panel which receives this case.

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