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NATIONAL RIFLE ASS'N OF AMERICA v. MAGAW

No. 95-2150.

132 F.3d 272 (1997)

NATIONAL RIFLE ASSOCIATION OF AMERICA, a New York not-for-profit corporation; Michigan United Conservation Clubs, a Michigan non-profit corporation; Olympic Arms, a Washington corporation; Calico Light Weapons Systems, a California corporation; D.C. Engineering, Inc., a Michigan corporation; Ammo Dump, a Michigan corporation; Glenn Duncan; Charles Duncan; James E. Flynn; James J. Fotis; and Craig D. Sandler, Plaintiffs-Appellants, Navegar, Inc., a Florida corporation; Thomas L. Heritier, Plaintiffs, v. John W. MAGAW, Director, Bureau of Alcohol, Tobacco and Firearms; United States of America, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1997.

Attorney(s) appearing for the Case

David T. Hardy (argued and briefed), Tucson, AZ, James H. Warner (briefed), Office Of General Counsel, National Rifle Association, Fairfax, VA, for Plaintiffs-Appellants.

Mark B. Stern (argued and briefed), Andrea Newmark, Michael Hluchaniuk, Asst. U.S. Atty., Sandra M. Schraibman, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellees.

Before: CONTIE, RYAN, and BOGGS, Circuit Judges.

CONTIE, J., delivered the opinion of the court, in which BOGGS, J., joined. RYAN, J. (pp. 295-298), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CONTIE, Circuit Judge.

This case presents a pre-enforcement challenge to the constitutionality of Title XI of the Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, 108 Stat. 1796 (1994) (the "Crime Control Act" or "the Act"). Two non-profit gun...

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