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Article: Ninth Circuit upholds tenets of Brady Act.(Brief Article)
- Article from:
- Trial
- Article date:
- December 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Ninth Circuit has shot down Arizona and Montana sheriffs, arguments against gun-buyer background checks required under the federal handgun control law. Federal appellate rulings are pending in the Second and Fifth circuits. Before the Ninth Circuit ruling--the first at the federal appellate level on this issue--sheriffs in Arizona, Louisiana, Mississippi, Montana, and Vermont had won lawsuits against the federal government. They claimed the Brady Handgun Violence Prevention Act violates the Tenth Amendment. District judges in New Mexico and Texas have upheld the constitutionality of the February 1994 law. (Lee v. United States, No. 94-1132 ...