BLAUSTEIN & REICH, INC. v. BUCKLES

No. 02-2329.

365 F.3d 281 (2004)

BLAUSTEIN & REICH, INCORPORATED, d/b/a Bob's Gun & Tackle Shop, Plaintiff-Appellant, v. Bradley A. BUCKLES, Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 21, 2004.


Attorney(s) appearing for the Case

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.

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


Affirmed by published opinion. Judge Shedd wrote the opinion, in which Chief Judge Wilkins and Judge Niemeyer joined.

SHEDD, Circuit Judge:

In February 2000, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (the Bureau)1 sent letters to approximately 450 federally licensed firearms dealers — fewer than one percent of the more than 80,000 such dealers throughout the nation — demanding information relating to...

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