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MANCE v. SESSIONS

No. 15-10311.

896 F.3d 699 (2018)

Fredric Russell MANCE, Jr.; Tracey Ambeau Hanson; Andrew Hanson; Citizens Committee for the Right to Keep and Bear Arms, Plaintiffs-Appellees, v. Jefferson B. SESSIONS, III, U. S. Attorney General; Thomas E. Brandon, Acting Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 20, 2018.

Attorney(s) appearing for the Case

Alan Gura , Gura, P.L.L.C., Alexandria, VA, William Bryan Mateja, Esq. , Polsinelli, P.C., Dallas, TX, for Plaintiffs-Appellees.

Lindsey E. Powell, Esq. , Tara S. Morrissey, Esq. , U.S. Department of Justice, Michael S. Raab , Mark Bernard Stern, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, for Defendants-Appellants.

Sean A. Lev , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC, for Amicus Curiae Brady Center to Prevent Gun Violence.

John Sorrenti , Covington & Burling, L.L.P., Washington, DC, for Amicus Curiae Law Center to Prevent Gun Violence.

Michael L. Rice , Harrison Law, L.L.C, Dallas, TX, for Amicus Curiae National Shooting Sports Foundation, Incorporated.

Charles Justin Cooper , Cooper & Kirk, P.L.L.C., Washington, DC, for Amicus Curiae National Rifle Association of America, Incorporated.

Before OWEN and HAYNES, Circuit Judges.

The petition for rehearing en banc has been denied. We withdraw the prior opinion that issued January 19, 2018, and substitute the following opinion.

Federal laws that include 18 U.S.C. §§ 922(a)(3) and 922(b)(3), and 27 C.F.R. § 478.99(a), generally prohibit the direct sale of a handgun by a federally licensed firearms...

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