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UNITED STATES v. WARIN

No. 75-1734.

530 F.2d 103 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Francis J. WARIN, Defendant-Appellant, Second Amendment Foundation, Amicus Curiae.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1976.

Certiorari Denied June 21, 1976.

Attorney(s) appearing for the Case

Norman G. Zemmelman, Britz & Zemmelman, Toledo, Ohio, for defendant-appellant.

Richard A. Derham, Davis, Wright, Todd, Riese & Jones, Seattle, Wash., for amicus curiae.

Fredrick M. Coleman, U.S. Atty., Erie D. Chapman, III, Asst. U.S. Atty., Toledo, Ohio, Harry H. Ellis, Regional Counsel, Bureau of Alcohol, Tobacco & Firearms, Cincinnati, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

This case requires a determination of whether certain provisions of the National Firearms Act as amended by the Gun Control Act of 1968, 26 U.S.C. § 5801 et seq., are an invalid infringement on the right to keep and bear arms guaranteed by the Second Amendment to the Constitution which provides —

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall...

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