Legal Opinion
Lomont v. Summers
District Court, District of Columbia
Decided February 5, 2001No. CIV. A. 00-1935(JR)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
ROBERTSON, District Judge.
This case presents an APA challenge to certain provisions of twelve-year-old regulations implementing the National Firearms Act of 1934, 26 U.S.C. § 5801, et seq. The Act governs the manufacture, possession, and transfer of short barreled shotguns and rifles, machine guns, silencers, and “destructive” devices. The challenged provisions of the regulations, 27 C.F.R. § 179.85 and § 179.62, require that every application to manufacture or transfer a covered firearm be submitted on an ATF form that, in turn, requires certification from a chief law enforcement…
2Cases cited14 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- New York v. United StatesSupreme Court of the United States · 1992
- Printz v. United StatesSupreme Court of the United States · 1997
- Chemehuevi Tribe of Indians v. Federal Power CommissionSupreme Court of the United States · 1975
- Westfall v. MillerCourt of Appeals for the Fifth Circuit · 1996
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3Cited by2 opinions
- Lomont, Kent A. v. O'Neill, Paul H.Court of Appeals for the D.C. Circuit · 2002
- West Virginia v. United States Department of Health & Human ServicesDistrict Court, District of Columbia · 2015