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NATIONAL RIFLE ASS'N v. BUREAU OF ALCOHOL, TOBACCO

No. 11-10959.

700 F.3d 185 (2012)

NATIONAL RIFLE ASSOCIATION OF AMERICA, INCORPORATED; Andrew M. Payne; Rebekah Jennings; Brennan Harmon, Plaintiffs-Appellants, v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES; B. Todd Jones, In His Official Capacity as Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Eric H. Holder, Jr., U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 25, 2012.

Attorney(s) appearing for the Case

Charles Justin Cooper (argued), Peter A. Patterson , David H. Thompson , Cooper & Kirk, P.L.L.C., Washington, DC, Fernando Manuel Bustos , Law Offices of Fernando M. Bustos, P.C., Lubbock, TX, Brian Stuart Koukoutchos , Mandeville, LA, for Plaintiffs-Appellants.

Anisha Sasheen Dasgupta (argued), U.S. DOJ, Civ. Div., App. Staff, Washington, DC, for Defendants-Appellees.

Christopher Paul Johnson , Meredith Anne Wholley , Kasowitz, Benson, Torres & Friedman, L.L.P., New York City, Scott Charles Medlock , Texas Civ. Rights Project, Austin, TX, for Nat. Shooting Sports Found., Inc., Brady Center to Prevent Gun Violence, Graduate Student Assembly and Student Government of the University of Texas at Austin, Mothers Against Teen Violence, Students for Gun-Free Schools in Texas, Texas Chapters of the Brady Campaign to Prevent Gun Violence, Amici Curiae.

Before KING, PRADO and HAYNES, Circuit Judges.

PRADO, Circuit Judge:

This appeal concerns the constitutionality of 18 U.S.C. § 922(b)(1) and (c)(1), and attendant regulations, which prohibit federally licensed firearms dealers from selling handguns to persons under the age of 21. Appellants — the National Rifle Association and individuals who at the time of filing were over the age of 18 but under the age of 21 — brought suit in district court against several federal government agencies, challenging...

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