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BAUER v. BECERRA

No. 15-15428.

858 F.3d 1216 (2017)

Barry BAUER; Nicole Ferry; Jeffrey Hacker; National Rifle Association of America, Inc.; California Rifle and Pistol Association Foundation; Herb Bauer Sporting Goods, Inc., Plaintiffs-Appellants, v. Xavier BECERRA, in his official capacity as Attorney General of the State of California; Stephen Lindley, in his official capacity as Acting Chief of the California Department of Justice; Does, 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2017.

Attorney(s) appearing for the Case

Erin E. Murphy (argued), Paul D. Clement , and Edmund G. LaCour Jr. , Bancroft PLLC, Washington, D.C.; C.D. Michel , Sean A. Brady , and Anna M. Barvir , Michel & Associates P.C., Long Beach, California; for Plaintiffs-Appellants.

Anthony R. Hakl (argued), Deputy Attorney General; Stepan A. Haytayan , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees.

Sarah E. Tremont and Elliott Schulder , Covington & Burling LLP, Washington, D.C.; Jonathan E. Lowry and Kelly Sampson , Brady Center to Prevent Gun Violence, Washington, D.C.; for Amicus Curiae Brady Center to Prevent Gun Violence.

Efrain Staino , Ruth N. Borenstein , and Jordan Eth , Morrison & Foerster LLP, San Francisco, California, for Amicus Curiae Law Center to Prevent Gun Violence.

Before: Sidney R. Thomas, Chief Judge, and Ferdinand F. Fernandez and Mary H. Murguia, Circuit Judges.

OPINION

In this appeal, we consider whether California's allocation of $5 of a $19 fee on firearms transfers to fund enforcement efforts against illegal firearm purchasers violates the Second Amendment. We conclude that, even if collection and use of the fee falls within the scope of the Second Amendment, the provision...

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