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DEFENSE DISTRIBUTED v. U.S. DEPT. OF STATE

No. 15-50759.

865 F.3d 211 (2017)

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 March 15, 2017.

Attorney(s) appearing for the Case

Alan Gura , Gura, 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, Washington, DC, for Defendants-Appellees.

Bruce D. Brown , Reporters Committee for Freedom of the Press, Washington, DC, Amicus Curiae for 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, Amicus Curiae for CATO INSTITUTE.

Raffi Melkonian , Wright & Close, L.L.P., Houston, TX, Amicus Curiae for 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, Amicus Curiae for MADISON SOCIETY FOUNDATION, INCORPORATED.

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

John Devereux Kimball, Esq. , Martin Simon Krezalek , Blank Rome, L.L.P., New York, NY, Amicus Curiae for BRADY CENTER TO PREVENT GUN VIOLENCE.

Robert E. Henneke , Texas Public Policy Foundation, Austin, TX, Amicus Curiae for TEXAS PUBLIC POLICY FOUNDATION.

Before DAVIS, JONES, and GRAVES, Circuit Judges.

The Court having been polled at the request of one of its members, and a majority of the judges who are in regular service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. In the en banc poll, five judges voted in favor...

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