I. RELIEF SOUGHT AND THE SPECIFIC GROUNDS FOR THE MOTION

“Pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, Plaintiff, W. Clark Aposhian, moves for a preliminary injunction prohibiting Defendants, Matthew Whitaker, Acting Attorney General of the United States, the United States Department of Justice, Thomas E. Brandon, Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, from enforcing the Final Rule, BumpStock-Type Devices, 83 Fed. Reg. 66514, 66553-54 (Dec. 26, 2018), against him pending trial in this matter. Case 2:19-cv-00037-JNP Document 10 Filed 01/17/19 Page 1 of 22 2 Unless enjoined from enforcing the Final Rule, which becomes effective on March 26, 2019, Mr. Aposhian will be forced to either destroy or surrender his lawfully acquired property to the ATF or face criminal prosecution. The Final Rule was enacted in violation of constitutional limits on the government’s authority as well as specific statutory limits on the ATF’s authority, and Mr. Aposhian will likely succeed on the merits in this case. Finally, the balance of equities favors the injunction as Mr. Aposhian’s interest in his constitutional and statutory rights vastly outweighs the government’s interest in enacting the Final Rule without delay…”

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