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ORD v. DISTRICT OF COLUMBIA

No. 08-7094.

587 F.3d 1136 (2009)

Robert L. ORD, Appellant v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 2009.

Attorney(s) appearing for the Case

Matthew A. LeFande argued the cause and filed the briefs for appellant.

Todd S. Kim, Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Peter J. Nickles, Attorney General, and Donna M. Murasky, Deputy Solicitor General.

Alan Gura and Arthur B. Spitzer were on the brief for amici curiae Second Amendment Foundation, Inc. and American Civil Liberties Union of the National Capital Area in support of appellant.

Opinion dissenting in part filed by Circuit Judge BROWN.

TATEL, Circuit Judge:

Appellant, a Virginia Special Conservator of the Peace authorized to carry weapons within the Commonwealth, brought suit against the District of Columbia alleging that it lacked probable cause to secure an arrest warrant against him for allegedly violating D.C. firearms laws. Because appellant was never arrested, the district court treated his suit as a preenforcement challenge and, finding that appellant failed to demonstrate that he faces a...

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