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RON PETERSON FIREARMS, LLC v. JONES

Nos. 13-2054, 13-2055.

760 F.3d 1147 (2014)

RON PETERSON FIREARMS, LLC; Dale Rutherford, d/b/a The Cop Shop; Tracy Rifle and Pistol, Inc., Plaintiffs-Appellants, v. B. Todd JONES, Acting Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 28, 2014.

Attorney(s) appearing for the Case

Stephen P. Halbrook ( Richard E. Gardiner , with him on the briefs), Fairfax, VA, for the Plaintiff-Appellant, Ron Peterson Firearms, LLC.

James B. Vogts , Swanson, Martin & Bell, LLP, Chicago, IL, for the Plaintiffs-Appellants, Dale Rutherford, DBA The Cop Shop, and Tracy Rifle and Pistol, Inc.

Anisha S. Dasgupta , Attorney, Civil Division ( Stuart F. Delery , Acting Assistant Attorney General, Kenneth J. Gonzales , United States Attorney, Michael S. Raab , Attorney, Civil Division, with her on the brief), Department of Justice, Washington, D.C., for the Defendant-Appellee.

Before LUCERO, McKAY, and MATHESON, Circuit Judges.

LUCERO, Circuit Judge.

In an effort to reduce illegal gun trafficking "along and across the Southwest border" of the United States, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") issued a demand letter to certain federal firearms licensees ("FFLs") in Arizona, California, New Mexico, and Texas. The letter requires recipients to report to ATF sales to the same customer within five consecutive business days of "two or more semi-automatic rifles capable...

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