No. 15-50759.

838 F.3d 451 (2016)

DEFENSE DISTRIBUTED; Second Amendment Foundation, Incorporated, Plaintiffs-Appellants v. UNITED STATES DEPARTMENT OF STATE; John F. Kerry, In His Official Capacity as the Secretary of the Department of State; Directorate of Defense Trade Controls, Department of State Bureau of Political Military Affairs; Kenneth B. Handelman, Individually and in His Official Capacity as the Deputy Assistant Secretary of State for Defense Trade Controls in the Bureau of Political-Military Affairs; C. Edward Peartree, Individually and in His Official Capacity as the Director of the Office of Defense Trade Controls Policy Division; Sarah J. Heidema, Individually and in Her Official Capacity as the Division Chief, Regulatory and Multilateral Affairs, Office of Defense Trade Controls Policy; GLENN SMITH, Individually and in His Official Capacity as the Senior Advisor, Office of Defense Trade Controls, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed September 20, 2016.

Attorney(s) appearing for the Case

Alan Gura , Gura & Possessky, P.L.L.C., Alexandria, VA, Joshua Michael Blackman , Houston, TX, Matthew Goldstein , Washington, DC, William Bryan Mateja, Esq. , Polsinelli, P.C., Dallas, TX, David Scott Morris , Fish & Richardson, P.C., Austin, TX, for Plaintiffs-Appellants.

Daniel Bentele Hahs Tenny, Esq. , U.S. Department of Justice, Michael S. Raab , U.S. Department of Justice, Civil Division, Appellate Section, Eric J. Soskin , U.S. Department of Justice, Civil Division Federal Programs Branch, Washington, DC, for Defendants-Appellees.

Bruce D. Brown , Reporters Committee for Freedom of the Press, Washington, DC, for Amici Curiae Reporters Committee for Freedom of the Press, Thomas Jefferson Center for the Protection of Free Expression.

Ilya Shapiro, Esq. , Randal John Meyer , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Raffi Melkonian , Wright & Close, L.L.P., Houston, TX, for Amici Curiae Representative Thomas Massie , Representative Brian Babin , Representative K. Mike Conaway , Representative Jeff Duncan , Representative Blake Farenthold , Representative John Fleming , Representative Paul Gosar , Representative Walter Jones , Mike Kelly , Representative Steve King , Representative Raul Labrador , Representative Jeff Miller , Representative Bill Posey , Representative Todd Rokita , Representative Daniel Webster .

Leif A. Olson , Olson Firm, P.L.L.C., Humble, TX, David T. Hardy , Tucson, AZ, for Amicus Curiae Madison Society Foundation, Incorporated.

Kit Walsh , Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation.

John Devereux Kimball, Esq. , Martin Simon Krezalek , Blank Rome, L.L.P., New York, NY, for Amicus Curiae Brady Center to Prevent Gun Violence.

Robert E. Henneke , Joel Stonedale , Texas Public Policy Foundation, Austin, TX, for Amicus Curiae Texas Public Policy Foundation.

Before DAVIS, JONES, and GRAVES, Circuit Judges.

Plaintiffs-Appellants Defense Distributed and Second Amendment Foundation, Inc. have sued Defendants-Appellees, the United States Department of State, the Secretary of State, the DDTC, and various agency employees (collectively, the "State Department"), seeking to enjoin enforcement of certain laws governing the export...

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