Case 1:18-cv-01429-PLM-RSK ECF No. 1 filed 12/26/18 PageID.1 Page 1 of 28 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GUN OWNERS OF AMERICA, INC., GUN OWNERS FOUNDATION, VIRGINIA CITIZENS DEFENSE LEAGUE, MATT WATKINS, TIM HARMSEN, and RACHEL MALONE, Case No. Plaintiffs, Hon. v. MATTHEW WHITAKER, in his official capacity as Acting Attorney General of the United States, U.S. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, and THOMAS E. BRANDON, in his official capacity as Acting Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants. __________________________________________________________________________ Kerry L. Morgan* (P32645) Robert J. Olson PENTIUK, COUVREUR & KOBILJAK, P.C. William J. Olson 2915 Biddle Avenue, Suite 200 Jeremiah L. Morgan Wyandotte, MI 48192 Herbert W. Titus Main: (734) 281-7100 WILLIAM J OLSON, P.C. F: (734) 281-2524 370 Maple Avenue West, Suite 4
[email protected] Vienna, VA 22180 *Counsel for Plaintiffs T: (703) 356-5070 F: (703) 356-5085
[email protected] Of counsel _______________________________________________________________________ Case 1:18-cv-01429-PLM-RSK ECF No. 1 filed 12/26/18 PageID.2 Page 2 of 28 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Now comes Plaintiffs by and through Counsel and for their Complaint state as follows: 1. Numerous times over many years, ATF has been asked to determine whether various “bump-fire-type stocks” or “bump stocks” constitute “machineguns” under federal law. 2. ATF has acknowledged that such devices, which have “no automatically functioning mechanical parts or springs and perform[] no automatic mechanical function when installed,” are not machineguns under federal law.