J & G SALES LTD. v. TRUSCOTT

No. 04-16976.

473 F.3d 1043 (2006)

J & G SALES LTD, Plaintiff-Appellee, v. Carl J. TRUSCOTT, Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2007.


Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, Paul K. Charlton, United States Attorney, Michael S. Raab and Lewis S. Yelin (argued), Civil Division, United States Department of Justice; Joel J. Roessner, Deputy Associate Chief, Peter W. Mickelson and Rebekah Holman, Office of the Chief, Bureau of Alcohol, Tobacco, Firearms & Explosives, Washington, DC, for the appellant.

Richard E. Gardiner, Fairfax, VA, for the appellee.

Before SANDRA DAY O'CONNOR, Associate Justice (Ret.), and RYMER, and THOMAS, Circuit Judges.


O'CONNOR, Associate Justice (Ret.).

The Bureau of Alcohol, Tobacco, Firearms, and Explosives appeals from the district court's grant of summary judgment holding that the Bureau lacks authority to issue a letter requiring a small percentage of licensed firearms dealers to submit portions of their records relating to secondhand firearms. Because we find that the Bureau acted within its statutory authority under 18 U.S.C. § 923(g)(5)(A), we reverse the district...

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