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Plaintiff,
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v.
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ERIC H. HOLDER, JR., Attorney General of
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the United States; B. TODD JONES,
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Director of the Bureau of Alcohol Tobacco )
Firearm and Explosives,
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Defendants.
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__________________________________________)
Case No.3:14-cv-03872-M
COMES NOW, Plaintiff Jay Aubrey Isaac Hollis, Individually and as Trustee of the Jay
Aubrey Isaac Hollis Revocable Living Trust, by and through undersigned counsel, and files this,
his Response in Opposition to Defendants Motion to Dismiss, or in the Alternative, for Summary
Judgment. In accordance with LR 7.1 and 7.2, this response is accompanied by a brief that sets
forth Plaintiffs contentions of facts and law, argument and authorities.
SUMMARY
Defendants argument that machineguns are dangerous and unusual do not apply in the
instant case, as that argument merely refers to a time, place and manner restriction on the carrying
of firearms. Likewise, Defendants ban on entire category of firearms is unconstitutional pursuant
to U.S. v. Miller, 307 U.S. 174 (1939) and District of Columbia v. Heller, 554 U.S. 570 (2008).
The ban contained in 922(o) places a substantial burden on protected Second Amendment
conduct and serves no compelling government interest. Therefore, Plaintiff prays that Defendants
Motion to Dismiss, or in the Alternative, for Summary Judgment be denied.
CERTIFICATE OF SERVICE
I, Stephen D. Stamboulieh, hereby certify that the above Plaintiffs Response in Opposition
to Defendants Motion to Dismiss, or in the Alternative, for Summary Judgment has been filed
electronically with the Clerk of this Court, which sends notification of such filing to all counsel of
record in this case.
/s/ Stephen D. Stamboulieh
Stephen D. Stamboulieh
Stamboulieh Law, PLLC
P.O. Box 4008
Madison, MS 39130
(601) 852-3440
stephen@sdslaw.us
MS Bar No. 102784