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NATIONAL RIFLE ASS'N v. BRADY

No. 89-3345.

914 F.2d 475 (1990)

NATIONAL RIFLE ASSOCIATION, a not for profit corporation; South Carolina Shooting Association, a not for profit corporation; Greenville Gun Club, a corporation; Palmetto Gun Club, a not for profit association; Robley Moore; William P. Goodman; California Rifle and Pistol Association, a not for profit corporation; Texas State Rifle Association, a not for profit association; Unified Sportsmen of Florida, a not for profit association, Plaintiffs-Appellants, v. Nicholas F. BRADY, Secretary, Department of the Treasury; Stephen E. Higgins, Director of Bureau of Alcohol, Tobacco and Firearms, U.S. Department of Treasury, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1990.

Rehearing and Rehearing Denied October 11, 1990.

Attorney(s) appearing for the Case

Stephen Porter Halbrook (argued), Fairfax, Va., for plaintiffs-appellants.

Ira C. Lupu, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Mark B. Stern, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Jack B. Patterson, Imelda Koett, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C., on the brief), for defendants-appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and GARBIS, United States District Judge for the District of Maryland, sitting by designation.

Rehearing and Rehearing In Banc Denied October 11, 1990.

WILKINSON, Circuit Judge:

In this case, we must determine the validity of certain firearms regulations promulgated by the Secretary of the Treasury pursuant to the Gun Control Act of 1968, Pub.L. No. 90-618, as amended by the Firearm Owners Protection Act of 1986, Pub.L. No. 99-308, presently codified at 18 U.S.C. §§ 921 et seq. The National Rifle Association, along with several other...

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