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PRINTZ v. UNITED STATES

No. 95-1478.

521 U.S. 898 (1997)

117 S.Ct. 2365

138 L.Ed.2d 914

PRINTZ, SHERIFF/CORONER, RAVALLI COUNTY, MONTANA v. UNITED STATES

Supreme Court of United States.

Decided June 27, 1997.

Attorney(s) appearing for the Case

Stephen P. Halbrook argued the cause for petitioners in both cases and filed briefs for petitioner in No. 95-1478. David T. Hardy filed briefs for petitioner in No. 95-1503.

Acting Solicitor General Dellinger argued the cause for the United States in both cases. With him on the brief were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Paul R. Q. Wolfson, Mark B. Stern, and Stephanie R. Marcus.†

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. O'Connor, J., p. 935, and Thomas, J., p. 936, filed concurring opinions. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 939. Souter, J., filed a dissenting opinion, p. 970. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 976.

Justice Scalia, delivered the opinion of the Court.

The question presented in these cases is whether certain interim provisions of the Brady Handgun Violence Prevention Act, Pub. L. 103-159, 107 Stat. 1536, commanding state and local law enforcement officers to conduct background checks on prospective handgun purchasers and to perform certain related tasks, violate the Constitution.

I

The Gun Control Act...

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