Hollis v. Lynch, No. 15-10803 (5th Cir. 2016)Annotate this Case
Plaintiff, as trustee of his own revocable trust, submitted an application to the ATF to manufacture a machinegun. After the ATF denied his application pursuant to a 1986 statute that makes possession of a machinegun unlawful, 18 U.S.C. 922(o), plaintiff filed suit challenging the constitutionality of the 1986 statute. The district court dismissed the suit, holding that plaintiff lacked standing, and, in the alternative, that machineguns are not protected by the Second Amendment. The court concluded that plaintiff did have standing and disagreed with the district court's determination that Tex. Penal Code 46.05(a)(1)(A)-(B) moots the federal claim. On the merits, the court concluded that, even when a trust is a separate legal entity that can possess property, it may well be included in the definition of “person.” The court also concluded that machineguns do not receive Second Amendment protection because they are dangerous and unusual and therefore not in common use. Accordingly, the court affirmed the judgment. Because plaintiff has not briefed his other arguments, they are waived. The court affirmed the district court’s denial of discovery under Rule 56(d). Finally, the court denied as moot plaintiff's motion for judicial notice.