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STIMMEL v. SESSIONS

No. 15-4196.

879 F.3d 198 (2018)

Terry Lee STIMMEL, Plaintiff-Appellant, v. Jefferson B. SESSIONS, III, Attorney General; Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; United States of America; Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 4, 2018.

Attorney(s) appearing for the Case

ARGUED: Derek A. DeBrosse , BARNEY DEBROSSE, LLC, Columbus, Ohio, for Appellant. Patrick G. Nemeroff , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Derek A. DeBrosse , BARNEY DEBROSSE, LLC, Columbus, Ohio, for Appellant. Patrick G. Nemeroff , Michael S. Raab , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. James R. McGuire , MORRISON & FOERSTER LLP, San Francisco, California, Julie Y. Park , MORRISON & FOERSTER LLP, San Diego, California, for Amicus Curiae.

GRIFFIN, J., delivered the opinion of the court in which WHITE, J., joined. BOGGS, J. (pp. 212-15), delivered a separate dissenting opinion.

OPINION

Plaintiff Terry Lee Stimmel tried to purchase a firearm at a Walmart store in 2002. However, the store rejected Stimmel's offer because a mandatory national background check revealed that he had been convicted of misdemeanor domestic violence in 1997 and federal law prohibits domestic violence misdemeanants...

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