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DEARTH v. HOLDER

No. 10-5062.

641 F.3d 499 (2011)

Stephen DEARTH and Second Amendment Foundation, Inc., Appellants v. Eric H. HOLDER, Jr., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2011.

Attorney(s) appearing for the Case

Alan Gura argued the cause for appellants. With him on the briefs were Thomas M. Huff and Candice N. Hance.

Anisha S. Dasgupta , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and Mark B. Stern and Michael S. Raab , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Plaintiffs Stephen Dearth and the Second Amendment Foundation, Inc. (SAF), seeking declaratory and injunctive relief, claim that portions of 18 U.S.C. § 922 and related regulations are unconstitutional because they prevent Dearth from purchasing a firearm. The district court dismissed the suit for lack of standing. Because we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district...

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