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WYOMING EX REL. CRANK v. U.S.

No. 07-8046.

539 F.3d 1236 (2008)

State of WYOMING, ex rel. Patrick J. CRANK, Wyoming Attorney General, Plaintiff-Appellant, v. UNITED STATES of America; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Carl J. Truscott, in his official capacity as Director of Bureau of Alcohol, Tobacco, Firearms, and Explosives; David H. Chipman, in his official capacity as Chief, Firearms Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees, Gun Owners Foundation; The Brady Center to Prevent Gun Violence and the National Center for Victims of Crime, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 26, 2008.

Attorney(s) appearing for the Case

C. Levi Martin, Senior Assistant Wyoming Attorney General (Patrick J. Crank, Wyoming Attorney General, with him on the brief), Cheyenne, WY, for Plaintiff-Appellant.

Michael S. Raab (Peter D. Keisler, Assistant United States Attorney General, Matthew H. Mead, United States Attorney, Mark B. Stern, and Alexander K. Haas, with him on the briefs), Washington, D.C., for Defendants-Appellees.

Herbert W. Titus, John S. Miles, and William J. Olson, William J. Olson, P.C., McLean, VA, filed an Amicus Curiae brief for Gun Owners Foundation, in support of Plaintiff-Appellant.

Timothy M. Walsh and George R. Calhoun, V, Steptoe & Johnson LLP, Washington, D.C., filed an Amicus Curiae brief for The Brady Center and The National Center for Victims of Crime, in support of Defendant-Appellee.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

In 2004, the State of Wyoming enacted § 7-13-1501, which established a procedure to expunge misdemeanor convictions "for the purposes of restoring any firearm rights lost." Wyo. Stat. Ann. § 7-13-1501(a). The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"), however, informed the Wyoming Attorney General that § 7-13-1501 would not restore federal firearm rights because the...

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