US v. Rahimi, No. 4:21-cr-83 (N.D. Tex.), No. 21-11001 (5th Cir.)
Indictment, April 14, 2021
Rahimi motion to dismiss, May 7, 2021
Rahimi motion to dismiss indictment 5 7 21
Rahimi plea papers, May 26, 2021
Rahimi order denying motion to dismiss, June 3, 2021
| 45 | ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Sentencing held on 9/23/2021 for Zackey Rahimi (1), Count(s) 1. Pursuant to the Sentencing Reform Act of 1984, as amended, it is the judgment of the Court that the defendant, Zackey Rahimi, in 4:21-CR-83-P, is hereby committed to the custody of the Federal Bureau of Prisons for a period of SEVENTY-THREE (73) months. This sentence shall run consecutively to any future sentence which may be imposed in Case Nos. 1635415, 1635418, 1635420 and 1654868 out of Tarrant County, Texas, Criminal Court No. 5; and Case Nos. 1657182D and 1678799D out of Criminal District Court No. 3 of Tarrant County, Texas. This sentence shall run concurrently with any future sentence which may be imposed in Case Nos. 1672225 and 1671482 out of Tarrant County, Texas Criminal Court No. 5; and Case Nos. 1672223D, 1676245D and 1671143D out of Criminal District Court No. 3 of Tarrant County, Texas. The Court did not order a fine because the defendant does not have the financial resources or future earning capacity to pay a fine. It is further ordered that the defendant pay a special assessment of $100. Supervised Release is Ordered for a term of THREE (3) years. Pursuant to 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c), it is hereby ordered that defendants interest in the following property is condemned and forfeited to the United States: a Glock, Model 21 Gen 4,.45-caliber pistol, bearing Serial No. YBX386, and a Century Arms, Model C308 Sporter,.308-caliber rifle, bearing Serial No. C308E32588. The Court recommends to the BOP that the defendant be incarcerated at FCI Seagoville, or FCI Pollock, if possible. The Defendant is remanded to the custody of the US Marshal. Attorney Appearances: AUSA – Frank Gatto; Defense – Rachel Taft. (No exhibits) Time in Court – :41. (Court Reporter: Monica Guzman) (Interpreter N/A.) (chmb) (Entered: 09/23/2021) |
[notice of appeal]
Appellant’s brief, February 22, 2022
5C Rahimi appellants br 2 22 22
Appellee’s brief, May 2, 2022
| 06/08/2022 | 68 | UNPUBLISHED OPINION FILED. [21-11001 Affirmed] Judge: CDK, Judge: GJC, Judge: JCH. Mandate issue date is 06/30/2022 for Appellant Zackey Rahimi [21-11001] (OPINION WITHDRAWN 7/7/2022) (WMJ) [Entered: 06/08/2022 03:29 PM] |
Request for rehearing en banc, June 17, 2022
Request for response, July 5, 2022
Order withdrawing opinion and setting briefing, July 7, 2022
5C Rahimi order withdrawing op 7 7 22
Rahimi supplemental brief, July 25, 2022
Rahimi US supplemental brief, August 9, 2022
Rahimi corrected supplemental reply brief, August 23, 2022
5C Rahimi corrected supp reply br 8 23 22
| 08/30/2022 | 128 | ORAL ARGUMENT HEARD before Judges Jones, Ho, Wilson. Arguing Person Information Updated for: William A. Glaser arguing for Appellee United States of America; Arguing Person Information Updated for: James Matthew Wright arguing for Appellant Zackey Rahimi [21-11001] (SME) [Entered: 08/30/2022 10:38 AM] |
Supplemental authorities
5C Rahimi US supp auth colonial 8 31 22
5C Rahimi colonial response 9 2 22
Rahimi opinion, February 2, 2023
Revised Rahimi opinion, March 2, 2023
US cert petition, March 17, 2023
Motion for extension of time, April 10, 2023
20230410165613576_Rahimi v United States – BIO Extension Request
| Apr 11 2023 | Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2023. |
Gun Violence and Domestic Violence Prevention Groups amicus, ? April 21, 2023
Texas Advocacy Project amicus, April 20, 2023
20230420131432513_22-915 Amicus Brief Texas Advocacy Project Final
| Apr 20 2023 | Amicus brief of Joshua Horwitz, Kelly Roskam, Timothy Carey, and 12 Other Public-Health Researchers and Lawyers submitted. |
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| Apr 20 2023 | Amicus brief of Tarrant County Criminal District Attorney et al submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 20 2023 | Amicus brief of Texas Advocacy Project submitted. |
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| Apr 20 2023 | Amicus brief of Illinois et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Apr 20 2023 | Amicus brief of California Governor Gavin Newsom submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 20 2023 | Amicus brief of New York County Lawyers Association submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| May 15 2023 | Motion to extend the time to file a response from May 23, 2023 to June 13, 2023, submitted to The Clerk. |
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| May 16 2023 | Response to motion to extend the time to file a response filed. |
| Main Document | |
| May 16 2023 | Motion to extend the time to file a response is granted in part and the time is further extended to and including May 30, 2023. |
Rahimi cert opposition, May 30, 2023
US waiver of 14 day deadline, June 1, 2023
| Jun 06 2023 | DISTRIBUTED for Conference of 6/22/2023. |
US reply, June 6, 2023
[cert granted]
US opening brief, and joint appendix, August 14, 2023
| Aug 17 2023 | Brief amicus curiae of Patrick J. Charles in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 18 2023 | Amicus brief of 97Percent submitted. |
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| Aug 18 2023 | Amicus brief of California Legislative Women’s Caucus submitted. |
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| Aug 21 2023 | Amicus brief of Legal Aid Chicago and Other Illinois Organizations submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of DC Coalition Against Domestic Violence and Other Domestic Violence Organizations submitted. |
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| Aug 21 2023 | Amicus brief of Professor Mary Anne Franks submitted. |
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| Aug 21 2023 | Amicus brief of Religious Leaders and Organizations submitted. |
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| Aug 21 2023 | Amicus brief of Tarrant County Criminal District Attorney et al submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2023 | Amicus brief of New York County Lawyers Association submitted. |
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| Aug 21 2023 | Amicus brief of Global Action On Gun Violence, Professors Leila Sadat, Carl T. Bogus, and Drury D. Stevenson submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2023 | Amicus brief of Second Amendment Law Scholars submitted. |
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| Aug 21 2023 | Amicus brief of Former State Chief Justices and Chief Judges submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2023 | Amicus brief of Senator Richard Blumenthal, Representative Mike Thompson, And 169 Other U.S. Senators And Representatives submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of Joshua Horwitz, Kelly Roskam, Timothy Carey, and 12 Other Public-Health Researchers and Lawyers submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of Citizens Crime Commission of New York City submitted. |
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| Aug 21 2023 | Amicus brief of Giffords Law Center to Prevent Gun Violence submitted. |
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| Aug 21 2023 | Amicus brief of AEquitas submitted. |
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| Aug 21 2023 | Amicus brief of Educators, Practitioners, and Organizations with Expertise in Domestic Violence Protective Orders submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2023 | Amicus brief of Senator Amy Klobuchar, Representative Brian Fitzpatrick, and Representative Debbie Dingell submitted. |
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| Aug 21 2023 | Amicus brief of National League of Cities, United States Conference of Mayors and International Municipal Lawyers Association submitted. |
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| Aug 21 2023 | Amicus brief of Prosecutor and Law Enforcement Associations and Office submitted. |
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| Aug 21 2023 | Amicus brief of Prosecutors Against Gun Violence submitted. |
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| Aug 21 2023 | Amicus brief of Prosecutor and Law Enforcement Associations and Office submitted. |
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| Aug 21 2023 | Amicus brief of National Indigenous Women’s Resource Center submitted. |
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| Aug 21 2023 | Amicus brief of California Governor Gavin Newsom submitted. |
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| Aug 21 2023 | Amicus brief of American Civil Liberties Union Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of Center for Reproductive Rights submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of The Domestic Violence Legal Empowerment and Appeals Project, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of March For Our Lives Action Fund submitted. |
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| Aug 21 2023 | Amicus brief of Gun Violence and Domestic Violence Prevention Groups submitted. |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of Houston Area Women’s Center submitted. |
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| Aug 21 2023 | Amicus brief of Professors of History and Law submitted. |
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| Aug 21 2023 | Amicus brief of City of New York and Fourteen Other Cities and Counties submitted. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 21 2023 | Amicus brief of Illinois et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of Texas Advocacy Project submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2023 | Amicus brief of United States Conference of Catholic Bishops submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Aug 21 2023 | Amicus brief of American Medical Association, et al. submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Aug 21 2023 | Amicus brief of Everytown for Gun Safety submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Sep 22 2023 | Amicus brief of Center for Prosecutor Integrity submitted. |
| Main DocumentProof of ServiceCertificate of Word Count |
| Sep 27 2023 | Brief of Zackey Rahimi submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Oct 02 2023 | Amicus brief of National Association for Gun Rights submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Oct 03 2023 | Amicus brief of Cato Institute and Goldwater Institute submitted. |
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| Oct 03 2023 | Amicus brief of Phyllis Schlafly Eagles and Eagle Forum Education & Legal Defense Fund submitted. |
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| Oct 03 2023 | Amicus brief of Alameda County Public Defenders submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Nicholas Johnson submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of National Association of Federal Defenders submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of California Rifle & Pistol Association, Inc. and Gun Owners of California submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Angus Kirk McClellan, PhD. submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Law Enforcement Groups and Firearms Rights Groups submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Center for Human Liberty submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Crime Prevention Research Center submitted. |
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| Oct 04 2023 | Amicus brief of The Bronx Defenders Union and National Association of Criminal Defense Lawyers submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Independence Institute, Second Amendment Law Center submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of The Second Amendment Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of National African American Gun Association, Inc. submitted. |
| Main DocumentCertificate of Word CountProof of ServiceOther | |
| Oct 04 2023 | Amicus brief of Firearms Policy Coalition submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of William English, Ph.D. and Citizens Committee for the Right to Keep and Bear Arms submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Tennessee Firearms Association, Grass Roots North Carolina, Rights Watch International, Virginia Citizens Defense League, America’s Future, and Conservative Legal Defense and Education Fund submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of Foundation for Moral Law submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of FPC Action Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 04 2023 | Amicus brief of National Rifle Association submitted. |
| Main DocumentCertificate of Word CountProof of Service |
Rahimi request to lodge non record evidence, October 6, 2023
| Oct 25 2023 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentCertificate of Word Count |
Transcript of oral argument, November 7, 2023
[]
U.S. v. Rahimi, No. (5th Cir., Sept. 12, 2024)
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US v Kersee, No. 23-20381 (5th Cir., November 17, 2023) (Ho, J., concurring)
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New York State Rifle & Pistol Ass’n v. Bruen, No. 20-843 (U.S., June 23, 2022)
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U.S. v. Seekins, No. 22-6853
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US v. Silvers, No. 5:18-cr-50 (W.D. Ky., May 3, 2023)
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US v Ryno, 3:22-cr-45 (D. Alaska, May 31, 2023)
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Range en banc opinion, No. 21-2835 (3d Cir., June 6, 2023)
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Daniels, No. 22-65
[]
Appellant’s brief and excerpts of record, February 3, 2023
US brief, March 6, 2023
Appellant’s reply brief, March 27, 2023
Click to access 5c-daniels-rb-3-27-23.pdf
Appellant’s 28(j) citation Connolly, May 23, 2023
US 28(j) response, May 23, 2023
Appellant’s 28(j) reply, May 25, 2023
| 06/05/2023 06/05/2023 | 80 | ORAL ARGUMENT HEARD before Judges Smith, Higginson, Willett. Arguing Person Information Updated for: Jonathan David Buckner arguing for Appellee United States of America; Arguing Person Information Updated for: Kimberly Golden Gore arguing for Appellant Patrick Darnell Daniels, Jr. [22-60596] (KMP) [Entered: 06/05/2023 09:55 AM] |
US post-argument letter, June 6, 2023
Daniels response to post argument letter, June 7, 2023
Request for amicus briefing, June 7, 2023
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW:
No. 22-60596 USA v. Daniels
USDC No. 1:22-CR-58-1
The court invites briefs from amici curiae who wish to supply
relevant information regarding the history and tradition of
restrictions on the use and possession of firearms as pertinent to
the issues presented in this case. Of particular interest are
historical gun regulations applicable to intoxicated or impaired
individuals. Such briefs must be filed by July 6, 2023 (regardless
of any time limitations set by rule).
[]
23-376
| Oct 05 2023 | Petition for a writ of certiorari filed. (Response due November 9, 2023) |
| PetitionProof of Service | |
| Oct 30 2023 | Motion to extend the time to file a response from November 9, 2023 to November 20, 2023, submitted to The Clerk. |
| Main Document | |
| Nov 01 2023 | Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2023. |
| Nov 20 2023 | Motion for leave to proceed in forma pauperis filed by respondent Patrick Darnell Daniels, Jr. |
| Main DocumentProof of Service | |
| Nov 20 2023 | Brief of respondent Patrick Darnell Daniels, Jr. in opposition filed. |
| Main DocumentProof of Service |
+++
Ghost Guns
3 preliminary injunctions
Summary judgment ruling, June 30, 2023
| Jul 27 2023 | Application (23A82) for a stay, submitted to Justice Alito. |
| Proof of ServiceMain DocumentLower Court Orders/Opinions | |
| Jul 28 2023 | Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT). |
| Jul 29 2023 | Brief amicus curiae of District of Columbia, et al. filed. |
| Main DocumentProof of Service | |
| Aug 01 2023 | Brief amicus curiae of Gun Violence Prevention Groups filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 02 2023 | Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Response to application from respondent Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed. |
| Main DocumentProof of Service | |
| Aug 03 2023 | Reply of applicant Merrick B. Garland, et al. filed. |
| Proof of ServiceReply | |
| Aug 04 2023 | Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the responses, and the reply filed thereto, it is ordered that the stay issued on July 28, 2023, is hereby extended until 5 p.m. (EDT) on Tuesday, August 8, 2023. |
| Aug 08 2023 | Application (23A82) referred to the Court. |
| Aug 08 2023 | Application (23A82) for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay. |
Fifth Circuit opinion, November 9, 2023
Cert petition, No. 23-852
| Feb 07 2024 | Petition for a writ of certiorari filed. (Response due March 8, 2024) |
| PetitionAppendixProof of Service |
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Mock
Daniels
Perez-Gallan
[]
Summary affirmance, August 2, 2023
US cert petition, October 31, 2023
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US v Ayala, No. 8:22-cr-369 (M.D. Fla., Jan. 12, 2024)
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Kanter v. Barr, No. 18-1478 (7th Cir., 15, 2019)
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Garland v. Cargill, No. 22-976
| Dec 18 2023 | Brief of petitioners Merrick B. Garland, et al. filed. |
| Main DocumentProof of Service | |
| Dec 18 2023 | Joint appendix filed. |
| Main DocumentProof of Service | |
| Dec 21 2023 | Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amicus curiae of Patrick J. Charles filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2023 | Brief amici curiae of Chicago, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 26 2023 | Brief amici curiae of American Medical Association, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 26 2023 | Brief amicus curiae of FAMM in support of neither party filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 26 2023 | Brief amici curiae of The District of Columbia, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 05 2024 | SET FOR ARGUMENT on Wednesday, February 28, 2024. |
| Jan 10 2024 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| Jan 10 2024 | Motion for an extension of time to file respondent’s brief on the merits filed. |
| Main DocumentProof of Service | |
| Jan 11 2024 | CIRCULATED. |
| Jan 12 2024 | Motion to extend the time to file respondent’s brief on the merits granted and the time is extended to and including January 22, 2024. |
| Jan 18 2024 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| Jan 18 2024 | Record requested from the United States District Court for the Western District of Texas. |
| Jan 22 2024 | Brief of respondent Michael Cargill filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 23 2024 | Amicus brief of The Buckeye Institute submitted. |
| Main DocumentCertificate of Word CountProof of Service |
| Jan 26 2024 | Amicus brief of Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 26 2024 | Amicus brief of Senators Cynthia Lummis, Mike Lee, et al.; Professors of Second Amendment Law; Independence Institute submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 26 2024 | Amicus brief of Pacific Legal Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 29 2024 | Amicus brief of Manhattan Institute submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 29 2024 | Amicus brief of The Firearms Regulatory Accountability Coalition and Palmetto State Armory, LLC submitted. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 29 2024 | Amicus brief of FPC Action Foundation submitted. |
| Main DocumentCertificate of Word CountProof of Service |