Bingham, Ltd. v. United States

CLARK, Circuit Judge:

Appellant (“Bingham”), a licensed manufacturer of small arms ammunition, see 18 U.S.C. § 921 et seq., appeals the district court’s denial of declaratory relief under 28 U.S.C. § 2201. The sole issue on appeal is whether the district court was correct in determining on a motion for summary judgment that the manufacturer of an exploding bullet which contains a canister of highly explosive lead azide must comply with the explosive licensing requirements of Title XI of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 841-847 (“OCCA” or “Act”). We have jurisdiction. 28…