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

No. 11-10959.

714 F.3d 334 (2013)

NATIONAL RIFLE ASSOCIATION, 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.

April 30, 2013.


Attorney(s) appearing for the Case

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

Anisha Sasheen Dasgupta , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendants-Appellees.

Christopher Paul Johnson , Meredith Anne Wholley , Kasowitz, Benson, Torres & Friedman, L.L.P., New York, NY, for National Shooting Sports Foundation Inc., Amicus Curiae.

Scott Charles Medlock , Texas Civil Rights Project, Austin, TX, for 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.


PER CURIAM:

The court having polled at the request of a member of the court (see Internal Operating Procedure accompanying 5TH CIR. R. 35, "Requesting a Poll on Court's Own Motion"), and a majority of the judges who are in regular active service and not disqualified not having voted in favor (see FED. R.APP. P. 35(a) and 5TH CIR. R. 35.6), rehearing en banc is DENIED.

In the en banc poll, 7 judges voted in favor of rehearing (Judges Jolly, Jones...

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