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AMERICAN ARMS INTERN. v. HERBERT

No. 08-1302.

563 F.3d 78 (2009)

AMERICAN ARMS INTERNATIONAL, trading as Gilbert Guns Unlimited; Gilbert Indoor Range, LLC, Petitioners-Appellants, v. Arthur W. HERBERT, Director of Industry Operations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2009.

Attorney(s) appearing for the Case

ARGUED: Richard E. Gardiner, Fairfax, Virginia, for Appellants. Ariana Wright Arnold, Office of the United States Attorney, Baltimore, Maryland, for Appellee. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland; Jeffrey A. Cohen, ATF Associate Chief, Philadelphia, Pennsylvania, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge DUNCAN and Senior Judge ALARCÓN joined.

OPINION

GREGORY, Circuit Judge:

Appellants American Arms International ("AAI") and Gilbert Indoor Range, LLC ("GIR") appeal the judgment of the district court upholding the decision of the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") to revoke AAI's firearms dealer's license and to deny GIR's application for a new firearms license. Over the past three decades, Charles Gilbert, the owner of both AAI and GIR, has been cited by the ATF multiple...

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