Tenth circuit orders en banc rehearing in bump stock case


19 4036

Specific questions the court wants answered:

The Petition and response were circulated to all non-recused active judges of the court. A poll was called, and a majority of the non-recused active judges voted to rehear this matter en banc. Accordingly, the Petition is GRANTED, the court’s May 7, 2020 judgment is VACATED, and this matter is REOPENED. See Fed. R. App. P. 35(a); see also 10th Cir. R. 35.6 (noting the effect of the grant of en banc rehearing is to vacate the judgment and to restore the case on the docket).

Although this entire case will be reheard en banc, the parties shall specifically address the following question[s] in supplemental memorandum briefs:

1. Did the Supreme Court intend for the Chevron framework to operate as a standard of review, a tool of statutory interpretation, or an analytical framework that applies where a government agency has interpreted an ambiguous statute?
2. Does Chevron step-two deference depend on one or both parties invoking it, i.e., can it be waived; and, if it must be invoked by one or both parties in order for the court to apply it, did either party adequately do so here?
3. Is Chevron step-two deference applicable where the government interprets a statute that imposes both civil and criminal penalties?
4. Can a party concede the irreparability of a harm; and, if so, must this court honor that stipulation?
5. Is the bump stock policy determination made by the Bureau of Alcohol, Tobacco and Firearms peculiarly dependent upon facts within the congressionally vested expertise of that agency?


  1. The ATF redefined what a machine gun is under the 1934 National Firearms Act. They do not have the authority to change the law. Why are they making it so complicated?

  2. Where in the US Constitution does it grant the authority to the federal government to regulate the citizens arms and police the citizenry of the several states?

    Inquiring minds who read the US Constitution and found We The People never granted such authority to the federal government want to know.


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