United States Ninth Circuit

Summary judgment holding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives lacked authority to issue a letter requiring a small percentage of licensed firearms dealers to submit portions of their records relating to secondhand firearms is reversed where the Bureau acted within its statutory authority under 18 U.S.C. section 923(g)(5)(A).

Appellate Information

• Argued 10/20/2006
• Decided 01/16/2007
• Published 01/16/2007

Judges

• O'CONNOR, Associate Justice (Ret.)., Before SANDRA DAY O'CONNOR, Associate Justice (Ret.), and RYMER, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter D. Keisler, Assistant Attorney General, Paul K. Charlton, United States Attorney, Michael S. Raab and Lewis S. Yelin (argued), Civil Division, United States Department of Justice;  Joel J. Roessner, Deputy Associate Chief, Peter W. Mickelson and Rebekah Holman, Office of the Chief, Bureau of Alcohol, Tobacco, Firearms & Explosives, Washington, DC, for the appellant.


• For Appellees:
  
• Richard E. Gardiner, Fairfax, VA, for the appellee.