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National Rifle Association v. Brady

Court of Appeals for the Fourth Circuit · No. 89-3345 · 914 F.2d 475

Decided

🤝Mixed outcome

Two regulations upheld and the hearing claim rejected, while part of a third regulation and a fourth were struck as inconsistent with the statute.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

The NRA and allied groups challenged four Treasury/ATF regulations implementing the Gun Control Act as amended by the 1986 Firearm Owners Protection Act, and also argued FOPA entitled them to an oral rulemaking hearing. The Fourth Circuit applied ordinary Chevron deference, upheld the regulations defining 'business premises' and 'gun show' and most of the personal-firearms recordkeeping rule, but invalidated the portion requiring recording of information not specified in the statute and the rule requiring licensed collectors to inventory curios and relics already in their possession. It also held that written comments satisfied FOPA's hearing requirement.

Summarized from the court's opinion.

What this case is about

validity of Treasury and ATF regulations implementing the Firearms Owners' Protection Act

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.