Gun Owners of Am., Inc. v. Merrick B. Garland

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 21a0144p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT GUN OWNERS OF AMERICA, INC.; GUN OWNERS ┐ FOUNDATION; VIRGINIA CITIZENS DEFENSE LEAGUE; │ MATT WATKINS; TIM HARMSEN; RACHEL MALONE, │ Plaintiffs-Appellants, │ │ > No. 19-1298 GUN OWNERS OF CALIFORNIA, INC., │ Movant, │ │ │ v. │ │ MERRICK B. GARLAND, in his official capacity as │ Attorney General of the United States; UNITED STATES │ DEPARTMENT OF JUSTICE; BUREAU OF ALCOHOL, │ TOBACCO, FIREARMS AND EXPLOSIVES; MARVIN G. │ RICHARDSON, in his official capacity as Acting │ Director, Bureau of Alcohol, Tobacco, Firearms, and │ Explosives, │ │ Defendants-Appellees. │ ┘ On Petition for Rehearing En Banc United States District Court for the Western District of Michigan at Grand Rapids. No. 1:18-cv-01429—Paul Lewis Maloney, District Judge. Decided and Filed: June 25, 2021 Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN and MURPHY.* * Judge Readler recused himself from participation in this case. No. 19-1298 Gun Owners of Am., Inc., et al. v. Garland, et al. Page 2 _________________ ORDER _________________ A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal. Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible. ENTERED BY ORDER OF THE COURT __________________________________ Deborah S. Hunt, Clerk