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SCHRADER v. HOLDER

No. 11-5352.

704 F.3d 980 (2013)

Jefferson Wayne SCHRADER and Second Amendment Foundation, Inc., Appellants v. Eric H. HOLDER, Jr., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2013.

Attorney(s) appearing for the Case

Alan Gura argued the cause for appellants. With him on the briefs was Thomas M. Huff .

Anisha S. Dasgupta , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, Michael S. Raab , Attorney, and Jane M. Lyons and R. Craig Lawrence , Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Due to a conviction some forty years ago for common-law misdemeanor assault and battery for which he served no jail time, plaintiff Jefferson Wayne Schrader, now a sixty-four-year-old veteran, is, by virtue of 18 U.S.C. § 922(g)(1), barred for life from ever possessing a firearm. Together with the Second Amendment Foundation, Schrader contends that section 922(g)(1) is inapplicable to common-law misdemeanants as a class and, alternatively...

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