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NATIONAL SHOOTING SPORTS FOUNDATION, INC. v. JONES

Nos. 12-5009, 12-5010.

716 F.3d 200 (2013)

The NATIONAL SHOOTING SPORTS FOUNDATION, INC., J & G Sales, Ltd. and Foothills Firearms, LLC, Appellants v. B. Todd JONES, Acting Director, Bureau of Alcohol, Tobacco, Firearms & Explosives, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2013.

Attorney(s) appearing for the Case

Richard E. Gardiner argued the cause for appellants J & G Sales, Ltd. and Foothills Firearms, LLC. Stephen P. Halbrook was on brief.

James B. Vogts argued the cause for appellant National Shooting Sports Foundation, Inc. Andrew A. Lothson was on brief.

Michael S. Raab , Attorney, United States Department of Justice, argued the cause for the appellee. Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , United States Attorney, and Anisha S. Dasgupta , Attorney, were on brief.

Steven G. Reade was on brief for the amicus curiae The Brady Center to Prevent Gun Violence in support of the appellee.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In July 2011, in an effort to reduce gun trafficking from the United States to Mexico, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a demand letter under 18 U.S.C. § 923(g)(5)(A) to a number of federal firearms licensees (FFLs) in four southwest border states: Arizona, California, New Mexico and Texas. The demand letter requires each recipient making two or more sales of a specific...

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