Court Grants Limited Stay to Firearms Policy Foundation, et al. and Their Members in Bumpstock Lawsuit

Earlier today, the Circuit Court of Appeals for the District of Columbia Circuit issued an order in response to an emergency motion filed by Damien Guedes, Firearms Policy Foundation, Madison Society Foundation, Inc., Florida Carry, Inc., and Shane Roden. At midnight tonight, absent action from the Supreme Court, the DOJ intends to begin prosecution of individuals who possess a bumpstock.

On March 23, the Court issued an order which stated, in part:

…that the effective date of the Bump-Stock Rule, 83 Fed. Reg. 66514 (Dec. 26, 2018), be administratively stayed in its application only as to the named Appellants in appeals Nos. 19-5042 and 19-5044, pending further order of this Court. The purpose of this stay is exclusively to give the Court sufficient opportunity to consider the disposition of this highly expedited appeal, and should not be construed in any way as a ruling on the merits of the appeal.

In their emergency motion, Firearms Policy Foundation, Madison Society Foundation, and Florida Carry sought clarification that the stay ordered by the Court was also applicable to any members of their organization and not just the organization itself.

Today's order read, in part:

…that the request for clarification be granted in part and be denied in part. The administrative stay entered on March 23, 2019, applies only to the named Appellants in appeals Nos. 19-5042 and 19-5044, including any current bona fide members of the named membership associations.

It should be noted that the order is not a preliminary injunction and was issued so that the Court may take more time to review the issues before it prior to issuing a decision on the appeal of the district court's denial of a preliminary injunction.

Firearms Policy Foundation, Madison Society Foundation, Florida Carry, Damien Guedes, and Shane Roden have also filed an emergency petition with the Supreme Court in an attempt to get a nationwide stay against the implementation and enforcement of the bumpstock ban.

For the most up to date information, visit BumpstockCase.com.

***This article is for informational purposes only. Should you have a question as to your particular legal situation, seek the advice of counsel.***

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