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Hollis v. Lynch 15-10803 & USA, et al v. One Palmetto State Armory PA 1, et al No.: 15-2859 - Machine-guns - BOTH LOST

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It has been 969 days since this case was filed!

BOTH CASES LOST ON APPEAL

Petition for en banc rehearing denied in USA v. One Palmetto State Armory on June 21, 2016.  Mandate issued on June 29, 2016.

No en banc petition filed in Hollis v. Lynch.  Judgment entered and filed on June 30, 2016.

Cert Petitions are due within 90 days.

Hollis v. Lynch et al Appeal No. 15-10803

USA, et al v. One Palmetto State Armory PA 1, et al No.: 15-2859

Keep in mind that the 9th Circuit Court of Appeals and other circuits have already held that machine-guns are not protected under the Second Amendment.  The only chance these appeals have of being heard by SCOTUS is that the 5th and/or 3rd Circuit Courts of Appeal comes to the opposite conclusion.  Considering the 5th Circuit’s recent Second Amendment decisions, the chances of this case prevailing, even if the plaintiffs had good lawyers, is somewhere between nil and none.  Still, I hope the plaintiff prevails. UPDATE: The 3rd Circuit ruled against Palmetto.

What is particularly frustrating about these cases is that I spent many hours providing one of the plaintiff’s attorneys, Alan Beck, the long history of “dangerous and unusual” weapons cited in the Heller decision and despite all 800 years of history and case law I provided to him, Beck argues that the scope of the arms protected by the Second Amendment, and the “dangerous and unusual” doctrine—are very different.  He is wrong of course.  Integral to the concept of “dangerous and unusual” weapon is the type of weapon and if that weapon falls within the class of “dangerous and unusual” then the government can prohibit that type of weapon from being carried in public.  In English common law it was armor and for some unknown reason, a short, almost decorative spear (a launcegay).  A man could carry a far more dangerous and deadly broadsword or even a full size spear but if he carried a launcegay, he was in violation of the law.  Why?  Nobody knows.

England also had class based restrictions on weapons.  An English peasant was not allowed to carry broadswords because these were “dangerous and unusual” weapons for his social class.  And there were exceptions to the class based restrictions for example. merchants who traveled from town to town were permitted to carry broadswords.  And then there were weapons which were marketed by persons such as Da Vinci as “dangerous and unusual weapons” among these were Trebuchets (catapults) and siege towers which simply are not “bearable” arms.

Beck posits that a 17th Century English decision on dangerous and unusual weapons stands for the proposition that a type of arm cannot be a “dangerous and unusual” weapon unless the person has armed himself with a weapon and carries it in a manner to terrorize the people.  That isn’t what the court held.  The court held that privy coats of mail were not dangerous and unusual weapons and nor were other weapons commonly used.  The prohibition on wearing armor in public remained.  In fact, the original ban on wearing armor in Parliament is still on the books and has never been repealed by any subsequent legislation or court ruling.

The chances of a pair of lawyers who haven’t a clue as to what they are talking about winning a challenge to the Federal machine-gun ban is less than nil to none.

From the Hollis Complaint.

Case Number: 3:2014cv03872
Filed: October 30, 2014

1. This is an action seeking declaratory and injunctive relief from 18 U.S.C. § 922(o), 26 U.S.C. § 5801 et seq. and the implementing regulations 27 C.F.R. § 479.105(a). These statutory and regulatory provisions generally act as an unlawful de facto ban on the transfer or possession of a machine gun manufactured after May 19, 1986. By imposing such a ban on an entire class of weapons, the statutes and regulations exceed the power of the United States under Article I of the United States Constitution; violate the Second Amendment rights of the Plaintiff and all similarly situated individuals; violate the Ninth and Tenth Amendments and the United States Constitution’s principles of federalism and dual sovereignty; by arbitrarily “disapproving” an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment.

2. Plaintiff seeks declaratory and injunctive relief against the unconstitutional provisions contained in 18 U.S.C. § 922(o), 26 U.S.C. § 5801 et seq . and 27 C.F.R. § 479.105(a); declaring the ban on machine guns unconstitutional under the Second, Ninth and Tenth Amendments and in violation of Article I of the United States Constitution and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process.

3. In the alternative, Plaintiff seeks declaratory and injunctive relief finding that 18 U.S.C. § 922(o) does not prohibit an unincorporated trust from manufacturing or possessing a machinegun manufactured after May 19, 1986 and/or that the Defendants lack the authority and are thus prohibited from revoking or denying the validity of Plaintiff’s approved tax stamp # RM34755.

Here is a link to the Complaint filed on October 30, 2014.

Here are the links to the relevant filings in the appeal:

Hollis Opening Brief – 5th Circuit Court of Appeals – Filed on October 26, 2015.

Hollis – Excerpts of Record – Filed on October 26, 2015.

GOA Amicus

FPC Amicus

Answering Brief due on December 21, 2015.  The deficient Answering Brief referenced in the December 15, 2015 update is here

Appellant’s Reply Brief was Filed on 12/28/2015.

This case is now fully briefed.

Oral Arguments took place before the 5th Circuit Court of Appeals on Wednesday, April 6, 2016

*There is another machine-gun case out of the 3rd Circuit Court of Appeals.  Oral arguments took place in that case on Monday, April 4, 2016 (USA, et al v. One Palmetto State Armory PA 1, et al No.: 15-2859 – Here is a link to the documents in that case.  As you can see, given the three judges assigned to hear the appeal, the outcome is a foregone conclusion and since a loss by the appellants does not create a circuit split, the cert petition will be denied.

UPDATE:  The 3rd Circuit Court of Appeals held that machine-guns are not protected by the Second Amendment.  Here is the decision -> Palmetto Machine-gun Decision

The oral arguments for both cases can be found in the April 5th and 6th, 2016 updates below.




Update by Charles Nichols, President of California Right To Carry – August 31, 2016 –  There has not been a cert petition filed in either case.

Update by Charles Nichols, President of California Right To Carry – August 13, 2016 –  There has not been a response requested which means that none of the judges has requested a vote on whether or not to grant the petition for en banc rehearing which was filed on July 29, 2016 in the case of Hollis v. Lynch.  This is a pretty strong indication that the petition will be denied leaving SCOTUS as the last resort.  Given that SCOTUS won’t grant semi-auto cert petitions it does not take a crystal ball to predict that SCOTUS will deny the machine-gun cert petition(s).

06/30/2016 Open Document JUDGMENT ENTERED AND FILED. [15-10803] (JRS)
07/29/2016 Open Document PETITION filed by Appellant Mr. Jay Aubrey Isaac Hollis for rehearing en banc [8270920-2]. Date of Service: 07/29/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Stephen Dean Stamboulieh )
08/01/2016 Open Document PAPER COPIES REQUESTED for the petition for rehearing en banc filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8270920-2]. Mandate pull date canceled.. Paper Copies of Rehearing due on 08/08/2016 for Appellant Jay Aubrey Isaac Hollis. [15-10803] (NFD)
08/03/2016 Paper copies of petition for rehearing en banc filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 received. Paper copies match electronic version of document? Yes Paper Copies of Rehearing due deadline satisfied. [15-10803] (NFD)

Update by Charles Nichols, President of California Right To Carry – July 25, 2016 –  Petition for en banc rehearing denied in USA v. One Palmetto State Armory on June 21, 2016.  Mandate issued on June 29, 2016.  No en banc petition filed in Hollis v. Lynch. Judgment entered and filed on June 30, 2016.

06/21/2016 Open Document ORDER (MCKEE, Chief Judge, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO and *THOMPSON, Circuit Judges) denying Petition for Panel and En Banc Rehearing filed by Appellant Ryan S. Watson, filed. Ambro, Authoring Judge. *Honorable Anne E. Thompson, District Judge for the United States Court for the District of New Jersey, sitting by designation voted as to panel rehearing only. (TYW)
06/29/2016 Open Document MANDATE ISSUED, filed. (TYW)

Update by Charles Nichols, President of California Right To Carry – June 30,  2016 –  Hollis lost in the Court of Appeals.  Hollis v. Holder Appellate Opinion

Update by Charles Nichols, President of California Right To Carry – June 10,  2016 –  Palmetto Petition for Rehearing en banc was filed today.

Update by Charles Nichols, President of California Right To Carry – May 25,  2016 –  Hollis filed a response.

05/22/2016 Open Document RESPONSE filed by Appellant Mr. Jay Aubrey Isaac Hollis to the 28j letter filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch in 15-10803 [8207053-2] Date of Service: 05/22/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Stephen Dean Stamboulieh )

Update by Charles Nichols, President of California Right To Carry – May 19,  2016 –  The Feds didn’t waste any time filing a notice in the 5th Circuit of the decision in the 3rd Circuit.

05/19/2016 Open Document SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch Date of Service: 05/19/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Patrick George Nemeroff )

Update by Charles Nichols, President of California Right To Carry – May 18,  2016 –  The decision is in for the 3rd Circuit case.  The Court of Appeals held that machine-guns are not protected by the Second Amendment.  Palmetto Machine-gun Decision

Update by Charles Nichols, President of California Right To Carry – April 29,  2016 –  There is unlikely to be any significant movement in the machine-gun cases until a decision is published.

04/09/2016Open DocumentSUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellant Mr. Jay Aubrey Isaac Hollis Date of Service: 04/09/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Stephen Dean Stamboulieh )

Update by Charles Nichols, President of California Right To Carry – April 6,  2016 –   The oral argument in this case, Hollis v. Lynch, took place today before a three judge panel of the 5th Circuit Court of Appeals.  Just as he did in yesterday’s oral arguments in the 3rd Circuit, the lawyer for Hollis blew it.  For one thing, the “core right” under the Second amendment is self-defense and the lawful right of self-defense has never been limited to the home.  Hollis’ lawyer said the “core right” of the Second Amendment is limited to the home.

Update by Charles Nichols, President of California Right To Carry – April 5,  2016 – Here is the audio from the Machine-gun case out of the 3rd District Palmetto State Armory which took place yesterday.  Although one can never tell for certain what the outcome of a case will be based on the oral arguments, none of the circuit judges here even tried to play devil’s advocate with the Feds and the lawyer for the plaintiff told the court that a facial challenge is one in which a law is invalid in every circumstance despite SCOTUS saying that a law does not have to be invalid in every circumstance.  If that were the case then the Heller decision would have been decided the other way because there were many applications of the laws at issue in the Heller case which were valid.  Such as the law applied to convicted felons, or to the insane, or to persons engaged in criminal activities.  Tomorrow the same pair of lawyers will get a chance to screw up arguing its case before a three judge panel of the 5th Circuit Court of Appeals.

Update by Charles Nichols, President of California Right To Carry – March 20,  2016 – The three judges assigned to hear the case will be announced on March 28th.

Update by Charles Nichols, President of California Right To Carry – February 29,  2016 – New activity:

01/12/2016 ATTORNEY NOT PARTICIPATING. Daniel M. Riess is designated as inactive in this case. Reason:as he has not filed an appearance form nor is he listed on the brief. [15-10803] (NFD)
01/19/2016 Open Document MOTION filed by Appellant Mr. Jay Aubrey Isaac Hollis for judicial notice (SEND TO SCREENING JUDGE AND PANEL) [8106243-2]. Date of service: 01/19/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Stephen Dean Stamboulieh )
02/01/2016 Open Document RESPONSE/OPPOSITION filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch [8116263-1] to the motion for judicial notice filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8106243-2] (SEND TO SCREENING JUDGE AND PANEL) [15-10803]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. Thomas E. Brandon and Ms. Loretta E. Lynch [8116263-1] to the motion for judicial notice filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8106243-2] Date of Service: 02/01/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff. [15-10803] (Patrick George Nemeroff )
02/03/2016 Open Document CASE TENTATIVELY calendared for oral argument for the week of 04/04/2016. [15-10803] (GAM)
02/06/2016 Open Document REPLY filed by Appellant Mr. Jay Aubrey Isaac Hollis [8121390-1] to the response/opposition filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch in 15-10803 [8116263-2], to the motion for judicial notice filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8106243-2]. [15-10803] (SENT TO ORAL ARGUMENT CALENDAR WITH MOTION AND RESPONSE)
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: REPLY filed by Appellant Mr. Jay Aubrey Isaac Hollis [8121390-1] to the response/opposition filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch in 15-10803 [8116263-2], to the motion for judicial notice filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8106243-2]. Date of Service: 02/06/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff. [15-10803] (Stephen Dean Stamboulieh )
02/08/2016 Open Document SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Appellant Mr. Jay Aubrey Isaac Hollis Date of Service: 02/08/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Stephen Dean Stamboulieh )
02/17/2016 CASE CALENDARED for oral argument on Tuesday, 04/05/2016 in New Orleans in the En Banc Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [15-10803] (SME)
02/17/2016 Open Document The oral argument is moved from Tuesday, April 5, 2016 to Wednesday, April 6, 2016. [15-10803] (SME)
02/17/2016 Open Document RESPONSE filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch to the 28j letter filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 [8122162-2] Date of Service: 02/17/2016 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (Patrick George Nemeroff )
02/24/2016 Open Document COURT ORDER that appellant’s motion for judicial notice is CARRIED WITH THE CASE [8106243-2]. [15-10803] (MCS)

Update by Charles Nichols, President of California Right To Carry – January 6,  2016 – New activity:

12/16/2015 Open Document BRIEF MADE SUFFICIENT filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch in 15-10803 [8081708-2]. Sufficient Brief deadline satisfied. Paper Copies of Brief due on 12/21/2015 for Appellees Thomas E. Brandon and Loretta E. Lynch. [15-10803] (NFD)
12/17/2015 Paper copies of appellee brief filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch in 15-10803 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [15-10803] (NFD)
12/28/2015 Open Document APPELLANT’S REPLY BRIEF FILED

Reply Brief deadline satisfied. Paper Copies of Brief due on 01/04/2016 for Appellant Jay Aubrey Isaac Hollis. [15-10803] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S REPLY BRIEF FILED by Mr. Jay Aubrey Isaac Hollis Date of service: 12/28/2015 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellees: Nemeroff, Riess [15-10803] (Stephen Dean Stamboulieh )

Update by Charles Nichols, President of California Right To Carry – December 15,  2015 – Something new posted on the Federal docket:

12/15/2015 Open Document APPELLEE’S BRIEF FILED . Brief is INSUFFICIENT: Caption Incorrect. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. E/Res’s Brief deadline satisfied. Sufficient Brief due on 12/21/2015 for Appellees Thomas E. Brandon and Loretta E. Lynch.. Reply Brief due on 01/04/2016 for Appellant Jay Aubrey Isaac Hollis [15-10803] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLEE’S BRIEF FILED by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch. Date of service: 12/15/2015 via email – Attorney for Amici Curiae: Lee, Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff; US mail – Attorney for Appellee: Riess [15-10803] (Patrick George Nemeroff )

Update by Charles Nichols, President of California Right To Carry – November 30,  2015 – Nothing new posted on the attorney’s website.

Update by Charles Nichols, President of California Right To Carry – October 26,  2015 – Hollis filed his Opening Brief and Excerpts of Record.

Update by Charles Nichols, President of California Right To Carry – August 19,  2015 – Hollis filed a notice of appeal yesterday.

Update by Charles Nichols, President of California Right To Carry – August 12,  2015 – Hollis lost in the district court on August 7, 2015.  He can file a motion for reconsideration with the district court or file an appeal.  The decision from the district court is here.

Update by Charles Nichols, President of California Right To Carry – July 29,  2015 – A similar case lost on July 22, 2015 in district court.  Here is a link to the decision.  Here is the Notice of Appeal.

Update by Charles Nichols, President of California Right To Carry – July 10,  2015 – The motion to file a supplemental authority regarding Samuel James Johnson v. United States, 576 U.S. ____ (2015) was granted.  Dkt#41.  The notice was filed.  Dkt #42.

Full docket text for document 41:
ELECTRONIC ORDER GRANTING [39] Plaintiff’s Motion for Leave to File Supplemental Authority. No response will be permitted. (Ordered by Judge Barbara M.G. Lynn on 7/2/2015)(chmb)

Dkt #42 is the notice of supplemental authority to Samuel James Johnson v. United States, 576 U.S. ____ (2015).

Update by Charles Nichols, President of California Right To Carry – July 1,  2015 – Release of Transcript Restriction set for 9/14/2015.  A motion to file a notice of supplemental authority was filed on 6/3/2015 (Dkt #39) as was a memorandum in support (Dkt #40).  I recommend that you read Dkt #40, it contains a highly relevant quote by Justice Kennedy regarding short barrel firearms.

Doc.
No.
Dates Description
39
Filed & Entered:   06/30/2015
Docket Text Motion for Leave to File
40
Filed & Entered:   06/30/2015
Docket Text Brief/Memorandum in Support of Motion
38
Filed & Entered:   06/16/2015
Docket Text Transcript

Update by Charles Nichols, President of California Right To Carry – June 15,  2015 – Nothing new.

Update by Charles Nichols, President of California Right To Carry – June 1,  2015 – Not much new, just a filing clarifying (and raising new questions) to an apparent post-ban machine-gun grant to a non-governmental entity.

Doc.
No.
Dates Description
37
Filed & Entered:   05/07/2015
Docket Text Notice (Other)

Update April 23, 2015 – The motion hearing on the motion to dismiss, or in the alternative, for summary judgment is being held today.

Update March 28, 2015 – The motion hearing has been scheduled.

Full docket text for document 35:
ORDER SETTING HEARING: Motion Hearing set for 4/23/2015 01:30 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. re: [13] Motion to Dismiss, or in the Alternative, for Summary Judgment. (Ordered by Judge Barbara M.G. Lynn on 3/24/2015) (chmb)

Update March 17, 2015 – The motion to dismiss and motion for summary judgement are still pending.

Full docket text for document 34:
ELECTRONIC ORDER DENYING [33] Motion to Compel Rule 26(f) Conference. The Court hereby STAYS entry of a Rule 16(b) Scheduling Order and Rule 26(f) Conference until the Court rules on the pending Motion to Dismiss and Motion for Summary Judgment [Docket Entry #13]. (Ordered by Judge Barbara M.G. Lynn on 3/16/2015) (chmb)

Update February 20, 2015 – There is a pending motion to dismiss the case.

Update January 13, 2015 – You Will Need A Federal PACER Account To Access The Individual Filings From The Docket Below:




 

General Docket
United States Court of Appeals for the 5th Circuit
Court of Appeals Docket #: 15-10803 Docketed: 08/21/2015
Nature of Suit: 2440 Other Civil Rights
Jay Isaac Hollis v. Loretta Lynch, et al
Appeal From: Northern District of Texas, Dallas
Fee Status: Fee Paid
Case Type Information:
     1) Civil Rights
     2) United States
     3)
Originating Court Information:
     District: 0539-3 : 3:14-CV-3872
     Originating Judge: Barbara M. G. Lynn, U.S. District Judge
     Date Filed: 10/30/2014
     Date NOA Filed:      Date Rec’d COA:
     08/18/2015      08/19/2015
Prior Cases:
     None
Current Cases:
     None
Panel Assignment:      Not available

 

JAY AUBREY ISAAC HOLLIS, Individually and as Trustee of the Jay Aubrey Isaac Hollis Revocable Living Trust
Plaintiff – Appellant
Stephen Dean Stamboulieh, Esq.
Direct: 601-852-3440
Email: stephen@sdslaw.us
[COR LD NTC Retained]
Stamboulieh Law, P.L.L.C.
P.O. Box 4008
Madison, MS 39130Alan Alexander Beck, Esq.
Direct: 619-905-9105
Email: alan.alexander.beck@gmail.com
[COR NTC Retained]
Law Office of Alan Beck
2692 Harcourt Drive
San Diego, CA 92123
v.
LORETTA E. LYNCH, Attorney General of the United States
Defendant – Appellee
Patrick George Nemeroff
Direct: 202-305-8727
Email: patrick.g.nemeroff@usdoj.gov
Fax: 202-514-9405
[COR LD NTC Government]
U.S. Department of Justice
Civil Division, Appellate Section
950 Pennsylvania Avenue, N.W.
Washington, DC 20530Daniel M. Riess
[NTC Government]
U.S. Department of Justice
Civil Division Federal Programs Branch
20 Massachusetts Avenue, N.W.
Washington, DC 20530
THOMAS E. BRANDON, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
Defendant – Appellee
Patrick George Nemeroff
Direct: 202-305-8727
[COR LD NTC Government]
(see above)Daniel M. Riess
[NTC Government]
(see above)
——————————
FIREARMS POLICY COALITION, INCORPORATED
Amicus Curiae
George M. Lee
Direct: 415-979-0500
Email: gml@sezalaw.com
[COR LD NTC Retained]
Seiler Epstein Ziegler & Applegate, L.L.P.
Suite 2000
601 Montgomery Street
San Francisco, CA 94111
FIREARMS POLICY FOUNDATION, INCORPORATED
Amicus Curiae
George M. Lee
Direct: 415-979-0500
[COR LD NTC Retained]
(see above)
COLORADO SECOND AMENDMENT ASSOCIATION
Amicus Curiae
George M. Lee
Direct: 415-979-0500
[COR LD NTC Retained]
(see above)
LONE STAR GUN RIGHTS
Amicus Curiae
George M. Lee
Direct: 415-979-0500
[COR LD NTC Retained]
(see above)
MADISON SOCIETY, INCORPORATED
Amicus Curiae
George M. Lee
Direct: 415-979-0500
[COR LD NTC Retained]
(see above)
MISSISSIPPI CARRY, INCORPORATED
Amicus Curiae
George M. Lee
Direct: 415-979-0500
[COR LD NTC Retained]
(see above)
GUN OWNERS OF AMERICA, INCORPORATED
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
Email: wjo@mindspring.com
Fax: 703-356-5085
[COR LD NTC Retained]
Suite 4
370 Maple Avenue, W.
Vienna, VA 22180-5615
GUN OWNERS FOUNDATION
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
[COR LD NTC Retained]
(see above)
GUN OWNERS OF CALIFORNIA, INCORPORATED
Amicus Curiae
HELLER FOUNDATION
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
[COR LD NTC Retained]
(see above)
CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
[COR LD NTC Retained]
(see above)
INSTITUTE ON THE CONSTITUTION
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
[COR LD NTC Retained]
(see above)
BRADLEY D. ROGERS
Amicus Curiae
Herbert W. Titus, Esq.
Direct: 703-356-5070
[COR LD NTC Retained]
(see above)

JAY AUBREY ISAAC HOLLIS, Individually and as Trustee of the Jay Aubrey Isaac Hollis Revocable Living Trust,

Plaintiff – Appellant

v.

LORETTA E. LYNCH, Attorney General of the United States; THOMAS E. BRANDON, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives,

Defendants – Appellees

08/21/2015 Open Document
3 pg, 213.51 KB
CIVIL RIGHTS CASE docketed. NOA filed by Appellant Mr. Jay Aubrey Isaac Hollis [15-10803] (SDH)
08/27/2015 APPEARANCE FORM FILED by Attorney Stephen Dean Stamboulieh for Appellant Jay Aubrey Isaac Hollis in 15-10803 [15-10803] (RLL)
08/27/2015 Open Document
2 pg, 67.86 KB
INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [7998296-2] Initial AA Check Due satisfied. [15-10803] (NFD)
08/27/2015 ELECTRONIC RECORD ON APPEAL REQUESTED FROM DISTRICT COURT for 3:14-CV-3872. Electronic ROA due on 09/11/2015. [15-10803] (NFD)
08/27/2015 Open Document
1 pg, 56.52 KB
TRANSCRIPT ORDER received from Appellant Mr. Jay Aubrey Isaac Hollis advising transcript unnecessary as it is already filed. [15-10803] (MCS)
09/09/2015 APPEARANCE FORM FILED by Attorney(s) Alan Alexander Beck for party(s) Appellant Jay Aubrey Isaac Hollis, in case 15-10803 [15-10803] (RLL)
09/11/2015 APPEARANCE FORM FILED by Attorney(s) Patrick George Nemeroff for party(s) Appellee Loretta E. Lynch Appellee Thomas E. Brandon, in case 15-10803 [15-10803] (RLL)
09/16/2015 ELECTRONIC RECORD ON APPEAL FILED. Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [15-10803] (MRB)
09/16/2015 Open Document
3 pg, 68.19 KB
BRIEFING NOTICE ISSUED A/Pet’s Brief Due on 10/26/2015 for Appellant Jay Aubrey Isaac Hollis. [15-10803] (MRB)
10/26/2015 Open Document
71 pg, 494.26 KB
APPELLANT’S BRIEF FILED.
# of Copies Provided: 0 A/Pet’s Brief deadline satisfied. Appellee’s Brief due on 11/30/2015 for Appellees Thomas E. Brandon and Loretta E. Lynch. Paper Copies of Brief due on 11/04/2015 for Appellant Jay Aubrey Isaac Hollis. [15-10803] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: APPELLANT’S BRIEF FILED by Mr. Jay Aubrey Isaac Hollis. Date of service: 10/26/2015 via email – Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff; US mail – Attorney for Appellee: Riess [15-10803] (Stephen Dean Stamboulieh )
10/26/2015 Open Document
58 pg, 935.44 KB
RECORD EXCERPTS FILED. # of Copies Provided: 0 Paper Copies of Record Excerpts due on 11/04/2015 for Appellant Jay Aubrey Isaac Hollis. [15-10803] REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Jay Aubrey Isaac Hollis. Date of service: 10/26/2015 via email – Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff; US mail – Attorney for Appellee: Riess [15-10803] (Stephen Dean Stamboulieh )
11/02/2015 Open Document
38 pg, 261.07 KB
AMICUS CURIAE BRIEF FILED by Mr. Bradley D. Rogers, Mr. Institute on the Constitution, Conservative Legal Defense and Education Fund, Heller Foundation, Gun Owners of California, Incorporated, Gun Owners Foundation and Gun Owners of America, Incorporated.
The Consent is Included in the Brief.
Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief (Titus). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0
Sufficient Brief due on 11/16/2015 for Amici Curiae Gun Owners of America, Incorporated, Gun Owners Foundation, Gun Owners of California, Incorporated, Heller Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution and Bradley D. Rogers.. Paper Copies of Brief due on 11/09/2015 for Amici Curiae Gun Owners of America, Incorporated, Gun Owners Foundation, Gun Owners of California, Incorporated, Heller Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution and Bradley D. Rogers. [15-10803]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Inc., The Heller Foundation, Conservative Legal Defense and Education Fund, Institute on the Constitution, and Sheriff Bradley D. Rogers (Elkhart County, Indiana). Date of service: 11/02/2015 via email – Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff [15-10803] (William Jeffrey Olson )
11/04/2015 Paper copies of appellant brief filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [15-10803] (RSM)
11/04/2015 Paper copies of record excerpts filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [15-10803] (RSM)
11/04/2015 CASE CAPTION updated. Not Parties Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated added to case. Reason: amicus brief not filed electronically. Filed in paper form only. Document received no action taken. [15-10803] (RSM)
11/04/2015 Open Document
1 pg, 56.56 KB
DOCUMENT RECEIVED – NO ACTION TAKEN. No action will be taken at this time on the paper copies of amicus brief received from Not Parties Colorado Second Amendment Association, Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated because brief must be filed electronically before sending in paper copies. [15-10803] (RSM)
11/04/2015 Open Document
6 pg, 13.37 KB
UNOPPOSED MOTION filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch to extend the time to file appellees’ brief [8043986-2] filed by Appellant Mr. Jay Aubrey Isaac Hollis in 15-10803 until 01/13/2016 at 11:59 pm [8051746-2]. Date of service: 11/04/2015 via email – Attorney for Amicus Curiae: Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff; Attorney for Not Party: Lee; US mail – Attorney for Appellee: Riess [15-10803] (Patrick George Nemeroff )
11/05/2015 APPEARANCE FORM received from Mr. George M. Lee for Firearms Policy Coalition, Incorporated and Firearms Policy Foundation, Incorporated , Colorado Second Amendment Association, Lone Star Gun Rights, The Madison Society, Inc. and Mississippi Carry, Inc. for the court’s review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [15-10803] (George M. Lee )
11/05/2015 Open Document
44 pg, 571.95 KB
UNOPPOSED MOTION filed by Firearms Policy Foundation, Incorporated; Firearms Policy Coalition, Incorporated; Colorado Second Amendment Association; Mississippi Carry, Incorporated; Lone Star Gun Rights; Madison Society, Incorporated to file amicus brief out of fime [8052537-2] [15-10803]
REVIEWED AND/OR EDITED – The original text prior to review appeared as follows: UNOPPOSED MOTION to file amicus brief [8052537-2] Date of service: 11/05/2015 via email – Attorney for Amicus Curiae: Titus; Attorney for Appellants: Beck, Stamboulieh; Attorney for Appellee: Nemeroff; Attorney for Not Party: Lee [15-10803] (George M. Lee )
11/09/2015 APPEARANCE FORM received from Mr. Herbert W. Titus, Esq. for Gun Owners Foundation and Gun Owners of America, Incorporated for the court’s review. Lead Counsel? Yes.. THE IMAGE FOR THIS FILING WILL NOT BE VIEWABLE AS IT CONTAINS SENSITIVE INFORMATION. [15-10803] (Herbert W. Titus )
11/10/2015 Paper copies of amicus brief filed by Conservative Legal Defense and Education Fund, Gun Owners Foundation, Institute on the Constitution, Gun Owners of America, Incorporated, Gun Owners of California, Incorporated, Heller Foundation and Mr. Bradley D. Rogers in 15-10803 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [15-10803] (SDH)
11/11/2015 Open Document
2 pg, 81.06 KB
COURT ORDER granting unopposed motion of Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated, and Mississippi Carry, Incorporated to file their amicus curiae brief out of time [8052537-2] Judge(s): JEG. [15-10803] (RSM)
11/11/2015 CASE CAPTION updated. Party information modified for Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated in 15-10803. Update: amicus parties added to case. [15-10803] (RSM)
11/11/2015 Open Document
38 pg, 495.38 KB
AMICUS CURIAE BRIEF FILED by Colorado Second Amendment Association, Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated.
The Consent is Included in the Brief.
Brief NOT Sufficient as it requires an Appearance Form from counsel signing the brief (Lee). Additionally the Brief requires CERTIFICATE OF SERVICE IS MISSING THE DATE OF SERVICE. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0
Sufficient Brief due on 11/25/2015 for Amici Curiae Colorado Second Amendment Association, Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated. [15-10803] (RSM)
11/12/2015 Open Document
1 pg, 54.46 KB
CLERK ORDER granting in part unopposed motion to extend time to file appellee’s brief to and including 12/15/15 filed by Appellees Mr. Thomas E. Brandon and Ms. Loretta E. Lynch [8051746-2]. E/Res’s Brief deadline updated to 12/15/2015 for Appellees Thomas E. Brandon and Loretta E. Lynch. [15-10803] (MCS)
11/13/2015 CASE CAPTION updated. Party information modified for Bradley D. Rogers, Institute on the Constitution, Conservative Legal Defense and Education Fund and Heller Foundation in 15-10803. Update: attorney Titus added for amicus parties. [15-10803] (RSM)
11/13/2015 APPEARANCE FORM FILED by Attorney Herbert W. Titus for Amicus Curiae Bradley D. Rogers in 15-10803, Attorney Herbert W. Titus for Amicus Curiae Institute on the Constitution in 15-10803, Attorney Herbert W. Titus for Amicus Curiae Conservative Legal Defense and Education Fund in 15-10803, Attorney Herbert W. Titus for Amicus Curiae Heller Foundation in 15-10803, Attorney Herbert W. Titus for Amicus Curiae Gun Owners Foundation in 15-10803, Attorney Herbert W. Titus for Amicus Curiae Gun Owners of America, Incorporated in 15-10803. Sufficient Brief deadline satisfied [15-10803] (RLL)
11/16/2015 APPEARANCE FORM FILED by Attorney George M. Lee for Amicus Curiae Firearms Policy Foundation, Incorporated in 15-10803, Attorney George M. Lee for Amicus Curiae Firearms Policy Coalition, Incorporated in 15-10803, by Attorney(s) George M. Lee for party(s) Amicus Curiae Madison Society, Incorporated Amicus Curiae Colorado Second Amendment Association Amicus Curiae Lone Star Gun Rights Amicus Curiae Mississippi Carry, Incorporated, in case 15-10803 [15-10803] (PAC)
11/17/2015 Open Document
1 pg, 56.95 KB
BRIEF MADE SUFFICIENT filed by Amici Curiae Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated in 15-10803 [8056058-2]. Sufficient Brief deadline satisfied. Paper Copies of Brief due on 11/23/2015 for Amici Curiae Colorado Second Amendment Association, Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated. [15-10803] (RSM)
11/19/2015 Paper copies of amicus brief filed by Amici Curiae Firearms Policy Coalition, Incorporated, Firearms Policy Foundation, Incorporated, Colorado Second Amendment Association, Lone Star Gun Rights, Madison Society, Incorporated and Mississippi Carry, Incorporated in 15-10803 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [15-10803] (PAC)

 




 

U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:14-cv-03872-M

Hollis v. Holder et al
Assigned to: Judge Barbara M.G. Lynn
Cause: 28:1331 Federal Question: Other Civil Rights
Date Filed: 10/30/2014
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other Civil Rights
Jurisdiction: U.S. Government Defendant
Plaintiff
Jay Aubrey Isaac Hollis
Individually and as Trustee of the Jay Aubrey Isaac Hollis Revocable Living Trust
represented by Stephen Dean Stamboulieh
Stamboulieh Law PLLC
PO Box 4008
Madison, MS 39130
601/852-3440
Email: stephen@sdslaw.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good StandingElisha Michael Hollis
Law Offices of Elisha M Hollis PLLC
PO Box 1535
Greenville, TX 75403
903/450-2473
Fax: 903/200-1290
Email: elishahollis@gmail.com
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing
V.
Defendant
Eric H Holder, Jr
Attorney General of the United States
represented by Eric J Soskin-DOJ
US Department of Justice
Civil Division
20 Massachusetts Ave NW
Washington, DC 20001
202/353-0533
Fax: 202/216-8460
Email: eric.soskin@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Not Admitted
Defendant
B Todd Jones
Director of the Bureau of Alcohol Tobacco Firearms and Explosives
represented by Eric J Soskin-DOJ
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Not Admitted

3:14-cv-03872-M Hollis v. Lynch et al
Barbara M.G. Lynn, presiding
Date filed: 10/30/2014
Date of last filing: 07/05/2015

History

 

Doc.
No.
Dates Description
42
Filed & Entered:   07/05/2015
Docket Text Supplemental Document
41
Filed & Entered:   07/02/2015
Docket Text Order on Motion for Leave to File
39
Filed & Entered:   06/30/2015
Terminated: 07/02/2015
Docket Text Motion for Leave to File
40
Filed & Entered:   06/30/2015
Docket Text Brief/Memorandum in Support of Motion
38
Filed & Entered:   06/16/2015
Docket Text Transcript
37
Filed & Entered:   05/07/2015
Docket Text Notice (Other)
36
Filed: 04/23/2015
Entered: 04/24/2015
Docket Text Motion Hearing
35
Filed & Entered:   03/24/2015
Docket Text Order Setting Deadline/Hearing
34
Filed & Entered:   03/16/2015
Docket Text Order on Motion to Compel
33
Filed & Entered:   03/12/2015
Terminated: 03/16/2015
Docket Text Motion to Compel
32
Filed & Entered:   03/11/2015
Docket Text Sur-reply
31
Filed & Entered:   03/03/2015
Docket Text Sur-reply
Filed: 03/02/2015
Entered: 03/03/2015
Docket Text Modify Hearings/Deadlines
30
Filed & Entered:   03/02/2015
Docket Text Order on Motion for Leave to File
29
Filed & Entered:   02/27/2015
Terminated: 03/02/2015
Docket Text Motion for Leave to File
28
Filed: 02/25/2015
Entered: 02/26/2015
Docket Text Order on Motion for Leave to File
26
Filed & Entered:   02/23/2015
Terminated: 02/25/2015
Docket Text Motion for Leave to File
27
Filed & Entered:   02/23/2015
Docket Text Reply
25
Filed & Entered:   02/05/2015
Docket Text Order on Motion for Leave to File
20
Filed & Entered:   02/04/2015
Docket Text Order on Application for Admission Pro Hac Vice
21
Filed & Entered:   02/04/2015
Terminated: 02/05/2015
Docket Text Motion for Leave to File
22
Filed & Entered:   02/04/2015
Docket Text Response/Objection
23
Filed & Entered:   02/04/2015
Docket Text Brief/Memorandum in Support of Motion
24
Filed & Entered:   02/04/2015
Docket Text Appendix in Support
19
Filed & Entered:   02/03/2015
Terminated: 02/04/2015
Docket Text Application for Admission Pro Hac Vice
17
Filed & Entered:   01/20/2015
Docket Text Certificate of Service
18
Filed & Entered:   01/20/2015
Docket Text Order on Motion for Leave to File
11
Filed & Entered:   01/16/2015
Docket Text Notice of Attorney Appearance
12
Filed & Entered:   01/16/2015
Terminated: 01/20/2015
Docket Text Motion for Leave to File
13
Filed & Entered:   01/16/2015
Docket Text Dismiss for Failure to State a Claim
14
Filed & Entered:   01/16/2015
Docket Text Brief/Memorandum in Support of Motion
15
Filed & Entered:   01/16/2015
Docket Text Appendix in Support
16
Filed & Entered:   01/16/2015
Docket Text Cert. Of Interested Persons/Disclosure Statement
Filed & Entered:   12/18/2014
Docket Text Order on Motion for Extension of Time to File Answer
10
Filed & Entered:   12/17/2014
Terminated: 12/18/2014
Docket Text Motion for Extension of Time to File Answer
9
Filed & Entered:   11/24/2014
Docket Text Notice of Attorney Appearance
8
Filed & Entered:   11/13/2014
Docket Text Summons Returned
7
Filed & Entered:   11/11/2014
Docket Text Notice of Attorney Appearance
6
Filed & Entered:   11/09/2014
Docket Text Summons Returned
4
Filed & Entered:   10/31/2014
Docket Text Summons Issued
5
Filed & Entered:   10/31/2014
Docket Text Additional Attachments to Main Document
1
Filed & Entered:   10/30/2014
Docket Text Complaint
2
Filed & Entered:   10/30/2014
Docket Text Cert. Of Interested Persons/Disclosure Statement
3
Filed: 10/30/2014
Entered: 10/31/2014
Docket Text Judge Lynn

 

 

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