Stephen Dearth, et al v. Eric Holder, Jr., No. 10-5062 (D.C. Cir. 2011)
Annotate this CasePlaintiff, an American citizen who resides in Canada, along with the Second Amendment Foundation, challenged 18 U.S.C. 922 and related regulations promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives which made it impossible for a person who lived outside the United States lawfully to purchase a firearm in the United States. At issue was whether the district court properly dismissed plaintiff's suit for lack of standing where plaintiff attempted to purchase a firearm in the United States while living in Canada. The court held that the district court erred in dismissing plaintiff's suit for lack of standing where plaintiff's injury was present and continuing when plaintiff intended to return regularly to the United States to visit friends and relatives and when plaintiff intended to purchase firearms for the purposes of sporting and self defense and to store the firearms with his relatives in Ohio.
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