APOSHIAN v. WILKINSON

No. 19-4036.

989 F.3d 890 (2021)

W. Clark APOSHIAN, Plaintiff-Appellant, v. Robert M. WILKINSON, Acting Attorney General of the United States; United States Department of Justice; Regina Lombardo, Acting Director Bureau of Alcohol Tobacco Firearms and Explosives; Bureau of Alcohol Tobacco Firearms and Explosives, Defendants-Appellees. Cato Institute and Firearms Policy Coalition; Due Process Institute, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed March 5, 2021.


Attorney(s) appearing for the Case

Caleb Kruckenberg , New Civil Liberties Alliance, Washington, DC, for Plaintiff-Appellant.

Bradley Hinshelwood , Abby Christine Wright, U.S. Department of Justice, Appellate Section, Civil Division, Washington, DC, for Defendants-Appellees United States Department of Justice, Regina Lombardo, Acting Director Bureau of Alcohol Tobacco Firearms and Explosives, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Bradley Hinshelwood , Abby Christine Wright , U.S. Department of Justice, Appellate Section, Civil Division, Washington, DC, Eric Soskin , U.S. Department of Justice, Civil Division, Washington, DC, for Defendant-Appellee Robert M. Wilkinson, Acting Attorney General of the United States.

Ilya Shapiro , Cato Institute, District of Columbia, Washington, DC, for Amicus Curiae Cato Institute.

John D. Cline , Law Office of John D. Cline, San Francisco, CA, for Amicus Curiae Due Process Institute.

John Cutonilli, Garrett Park, MD, Pro Se.

Joseph Gary Samuel Greenlee , Firearms Policy Coalition, Sacramento, CA, Ilya Shapiro , Cato Institute, District of Columbia, Washington, DC, for Amicus Curiae Firearms Policy Coalition, Inc.

Before TYMKOVICH, Chief Judge, BRISCOE, LUCERO, HARTZ, HOLMES, MATHESON, BACHARACH, PHILLIPS, MORITZ, EID, and CARSON, Circuit Judges.


ORDER

On September 4, 2020, this court entered an order granting Appellant's Petition for Rehearing En Banc. Having now considered the parties' supplemental briefs and heard oral argument in this matter, a majority of the en banc panel has voted to vacate the September 4, 2020 order as improvidently granted. As a result, the court's September 4, 2020 order granting en banc rehearing is VACATED, the court's May 7, 2020 opinion is REINSTATED, and the Clerk...

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