United States Fourth Circuit

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Golden & Zimmerman, LLC v. Domenech, 09-1534

In an action against the ATF, seeking a judgment declaring that an answer to one of the frequently asked questions in the ATF's published "Federal Firearms Regulations Reference Guide 2005" is inconsistent with the Gun Control Act, district court's dismissal for lack of subject matter jurisdiction is affirmed as the Reference Guide is simply informational and its publication is neither "agency action" nor "final agency action," as necessary for judicial review under the APA.

Appellate Information

  • Argued 01/29/2010
  • Decided 03/18/2010
  • Published 03/18/2010

Judges

  • Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and JACKSON L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:Richard E. Gardiner, Fairfax, Virginia, for Appellants. Kent Pendleton Porter, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF:Dana J. Boente, United States Attorney, Alexandria, Virginia, for Appellee.