No. 11-1847.

703 F.3d 668 (2012)

Michelle LANE; Second Amendment Foundation, Inc.; Matthew Welling; Amanda Welling, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., Attorney General of the United States; W. Steven Flaherty, Superintendent, Virginia State Police, Defendants-Appellees, and District of Columbia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 31, 2012.

Attorney(s) appearing for the Case

ARGUED: Alan Gura , Gura & Possessky, PLLC, Alexandria, Virginia, for Appellants. Anisha S. Dasgupta , United States Department of Justice, Washington, D.C.; Earle Duncan Getchell, Jr. , Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Tony West , Assistant Attorney General, Michael S. Raab , United States Department of Justice, Washington, D.C.; Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee Eric H. Holder, Jr., Kenneth T. Cuccinelli, II , Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Catherine Crooks Hill , Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee W. Steven Flaherty.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge MOTZ and Judge FLOYD joined.


DUNCAN, Circuit Judge:

Michelle Lane, Amanda and Matthew Welling, and the Second Amendment Foundation ("SAF") (collectively, "the plaintiffs") filed a pre-enforcement challenge to the constitutionality of a federal statute restricting interstate transfers of handguns, 18 U.S.C. § 922(b)(3); a federal regulation implementing that statute, 27 C.F.R. § 478.99; and a Virginia law prohibiting Virginia firearms dealers from selling handguns to...


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