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BANKSTON v. THEN

No. 10-10750 Non-Argument Calendar.

615 F.3d 1364 (2010)

R.E. BANKSTON, Firearms Retailer Buck and Bass Sporting Goods, Plaintiff-Appellant, v. Colleen M. THEN, Director of Industry Operations Tampa Field Division Bureau of Alcohol Tobacco Firearms and Explosive, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 26, 2010.

Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, VA, David Lewis Powell, Liberis & Associates, Pensacola, FL, for Bankston.

Leah Ann Butler, U.S. Atty., Nancy J. Hess, Pensacola, FL, Thomas F. Kirwin, U.S. Atty., E. Bryan Wilson, Tallahassee, FL, for Then.

Before TJOFLAT, WILSON and KRAVITCH, Circuit Judges.

PER CURIAM:

Federal law requires a licensed firearms dealer to conduct a criminal background check prior to the transfer of any firearm. 18 U.S.C. § 922(t)(1). Under § 922(t)(5),

If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection . . . and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was...

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