Lane v. Holder, Jr., No. 11-1847 (4th Cir. 2012)
Annotate this CasePlaintiffs filed a pre-enforcement challenge to the constitutionality of a federal statute restricting interstate transfers of handguns, 18 U.S.C. 922(b)(3); a federal regulation implementing that statute, 27 C.F.R. 478.99; and a Virginia law prohibiting Virginia firearms dealers from selling handguns to non-residents of Virginia, Va. Code section 18.2-308.2:2. Because the challenged laws did not burden plaintiffs directly, and because plaintiffs were not prevented from acquiring the handguns they desired, they did not allege an injury in fact. Even if plaintiffs established an injury in fact, they were unable to demonstrate traceability. The court also held that there was no organizational standing. Therefore, the court affirmed the district court's dismissal of the complaint on standing grounds.
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