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VAN DER HULE v. HOLDER

No. 09-36008.

759 F.3d 1043 (2014)

Frank S. VAN DER HULE, Plaintiff-Appellant, v. Eric H. HOLDER, Jr., Attorney General, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2014.

Withdrawn November 2, 2012.

Resubmitted July 9, 2014.

Attorney(s) appearing for the Case

Quentin M. Rhoades (argued) and Robert Erickson , Sullivan, Tabaracci & Rhoades, Missoula, MT, for Plaintiff-Appellant.

Adam C. Jed (argued), Assistant United States Attorney; Tony West , Assistant Attorney General; Michael W. Cotter , United States Attorney; Mark B. Stern , Michael S. Raab , and Abby C. Wright , Attorneys, United States Department of Justice, Civil Division, Washington, D.C., for Defendant-Appellee.

Before: WILLIAM A. FLETCHER, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

In this case we address two issues: (1) Whether Frank Van der hule, who is prohibited under Montana law from receiving a concealed weapons permit, is therefore prohibited under 18 U.S.C. § 922(g)(1) from possessing any firearms, see Caron v. United States, 524 U.S. 308, 118 S.Ct. 2007, 141 L.Ed.2d 303 (1998); and (2) assuming he is barred...

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