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City of Syracuse v. Bur. of Alcohol, Tobacco, Firearms and Explosives

Intervention in ATF Suit Denied; Presumption of Adequate Representation Not Rebutted

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MEMORANDUM OPINION AND ORDER Four cities and the country’s largest gun violence prevention organization have brought this action under the Administrative Procedure Act, challenging an interpretive rule and three determination letters issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (the “ATF”), and the ATF’s failure to respond to their petition for rulemaking. Two individuals, and BlackHawk Manufacturing Group, Inc., d/b/a 80 percent Arms, and Firearms Policy Coalition, Inc. (the “Proposed Intervenors”) move to intervene as defendants. Because the Proposed Intervenors have not carried their burden to show that the defendants in this action do not adequately represent their interests, they may not intervene as of right. And because the Proposed Intervenors have the opportunity to present their views to the Court as amici, the Court, in its discretion, has determined that permissive intervention by the Proposed Intervenors is not warranted here. Therefore, the Proposed Intervenors’ motion is DENIED. I. BACKGROUND Plaintiffs Everytown for Gun Safety Support Fund and Everytown for Gun Safety Action Fund (the “Everytown Plaintiffs”) and the cities of Syracuse, NY, San Jose, CA, Chicago, IL, and Columbia, SC (the “City Plaintiffs,” and together with the Everytown Plaintiffs, “Plaintiffs”) have brought this action against defendants Bureau of Alcohol, Tobacco, Firearms and Explosives, Regina Lombardo (Acting Director of the ATF), United States Department of Justice, and William Barr (“Defendants”). The Everytown Plaintiffs, a nonprofit membership corporation and its education, research, and litigation arm, constitute the country’s largest gun violence prevention organization. Dkt. No. 11, Compl.,

41-42. The City Defendants are four major cities that have been impacted by gun violence, and specifically, gun violence involving the use of “ghost guns,” which do not have a serial number or other identifying markings and are untraceable. Id.

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