United States Fourth Circuit

The ATF did not exceed its statutory and regulatory authority in issuing letters to fewer than one percent of federally licensed firearms dealers requesting a portion of record information that dealers are statutorily required to maintain. The criteria for choosing which dealers should receive the letters were not arbitrary or capricious.

Appellate Information

• Decided 04/21/2004
• Published 04/21/2004

Judges

• Before WILKINS, Chief Judge, and NIEMEYER and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Stephen Porter Halbrook, Fairfax, Virginia, for Appellant.  Lewis Stanley Yelin, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF:  Richard E. Gardiner, Fairfax, Virginia, for Appellant.  Robert D. McCallum, Jr., Assistant Attorney General, Paul J. McNulty, United States Attorney, Mark B. Stern, Michael S. Raab, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.;  Joel J. Roessner, Deputy Associate Chief (Litigation), Abigail Roth, Lauren L. Bernick, Office of Chief, Bureau of Alcohol, Tobacco, Firearms & Explosives, Washington, D.C., for Appellee.