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National Shooting Sports Foundation, Inc. v. Melson

REPLY to opposition to motion re MOTION for Summary Judgment

12 Cited authorities

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,504 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  2. Staples v. United States

    511 U.S. 600 (1994)   Cited 1,153 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic

  3. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,353 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  4. Radzanower v. Touche Ross Co.

    426 U.S. 148 (1976)   Cited 509 times   1 Legal Analyses
    Holding § 78aa did not supersede narrower venue provision in National Bank Act and rejecting amicus SEC's suggestion § 78aa should apply nonetheless to facilitate consolidation of litigation as a “policy argument ... more appropriately addressed to Congress”

  5. Posadas v. National City Bank

    296 U.S. 497 (1936)   Cited 362 times
    Holding that “[w]here there are two acts upon the same subject, effect should be given to both if possible”

  6. RSM, Inc. v. Buckles

    254 F.3d 61 (4th Cir. 2001)   Cited 13 times
    Concluding that "[i]n light of the narrow scope of the demand letter [issued to only .01 percent of FFLs nationwide who had failed to comply with prior tracing requests] and its direct relationship to [ATF's] explicit statutory duties ... there was no statutory violation."

  7. RSM, Inc. v. Buckles

    Civ. No. MJG-00-759 (D. Md. Apr. 13, 2000)   Cited 1 times

    Civ. No. MJG-00-759. April 13, 2000. Stephen Halbrook, Fairfax, VA, for RSM, Inc. Christopher Allan Conte, Silver Spring, MD, Stephen Halbrook, Fairfax, VA, for Sanford Abrams. Roann Nichols, Office of the U.S. Atty., Baltimore, MD, Sandra M. Schraibman, Dept. of Justice, Civ. Div., Federal Programs Branch, Washington, DC, Lynne A. Battaglia, U.S. Atty., Baltimore, MD, for Bradley A. Buckles. MARVIN J. GARBIS, United States District Judge. MEMORANDUM OF DECISION This case was tried before the Court

  8. Section 5861 - Prohibited acts

    26 U.S.C. § 5861   Cited 3,516 times   3 Legal Analyses
    Requiring registration, but not banning possession of, certain firearms

  9. Section 5841 - Registration of firearms

    26 U.S.C. § 5841   Cited 959 times   3 Legal Analyses
    Requiring firearm manufacturers and possessor to receive "authorization"

  10. Section 923 - Licensing

    18 U.S.C. § 923   Cited 563 times   6 Legal Analyses
    Creating recordkeeping obligations

  11. Section 599A - Bureau of alcohol, tobacco, firearms, and Explosives [1]

    28 U.S.C. § 599A   Cited 13 times
    Authorizing the ATF to investigate criminal violations of the Federal firearms laws

  12. Section 478.126a - Reporting multiple sales or other disposition of pistols and revolvers

    27 C.F.R. § 478.126a   Cited 10 times

    Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person: Provided, That a report need not be made where pistols or revolvers, or any combination thereof, are returned to the same person from whom they were received. The report shall be prepared