Legal Opinion

Dearth v. Holder

Court of Appeals for the D.C. Circuit

Decided April 15, 2011No. 10-5062PublishedCited by 138 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Plaintiffs Stephen Dearth and the Second Amendment Foundation, Inc. (SAF), seeking declaratory and injunctive relief, claim that portions of 18 U.S.C. § 922 and related regulations are unconstitutional because they prevent Dearth from purchasing a firearm. The district court dismissed the suit for lack of standing. Because we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district court for further proceedings.

I. Background

The plaintiffs challenge 18…

2Cases cited10 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. O'Shea v. LittletonSupreme Court of the United States · 1974
  4. District of Columbia v. HellerSupreme Court of the United States · 2008
  5. Golden v. ZwicklerSupreme Court of the United States · 1969

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3Cited by138 opinions

  1. National Security Counselors v. Central Intelligence AgencyDistrict Court, District of Columbia · 2012
  2. Bryan Range v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2023
  3. NB Ex Rel. Peacock v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2012
  4. Michelle Lane v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2012
  5. National Security Counselors v. Central Intelligence AgencyDistrict Court, District of Columbia · 2013

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