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echo: guns
to: ALL
from: PAUL NIXON
date: 1996-07-16 19:46:00
subject: Stephen Halbrook`s Home Page

 * Originally By: Lpyleprn@mcs.net
 * Originally To: All
 * Originally Re: Stephen Halbrook's Home Page
 * Original Date: 15 Jul 96  02:16
 * Original Area: PR_NET
 * Forwarded by : Blue Wave/386 v2.30
                                      The Paul Revere Network
                                  1201 N.Dearborn, Suite #139
                                            Chicago, IL 60610
                                 (312) 482-9910  FAX 482-9960
FOR IMMEDIATE RELEASE                           JULY 15, 1996
          STEPHEN P. HALBROOK, ATTORNEY AT LAW
                JOINS US ON THE INTERNET
                MEET STEPHEN HALBROOK AT:
         http://www.cms.net/~lpyleprn/home.html
                        *  *  *  *  *
"Mr. Chief Justice, and may it please the Court . . . "; Stephen
Halbrook arguing _United States v. Thompson/Center Arms_ in U.S.
Supreme Court, 1992.  Certiorari has been granted in another one
of Halbrook's cases, _Printz v. United States_, on June 17, 1996.
           SUPREME COURT TO DECIDE CONSTITUTIONALITY OF
          REQUIRING THE STATES TO ENFORCE THE BRADY ACT
     On June 17, 1996, the U.S. Supreme Court announced that it
     is granting certiorari to hear whether the Brady Act, which
     mandates that chief law enforcement officers (CLEOs) conduct
background checks on handgun purchasers, is beyond the powers of
Congress and is unconstitutional under the Tenth Amendment to the
Constitution.  CLEOs are creatures of State law and are not federal
employees.
     A conflict in the circuits occurred when Koog/McGee v. United
States, 79 F.3d 452 (5th Cir. 1996), found the Act unconstitutional,
while Mack/Printz v. United States, 66 F.3d 1025 (9th Cir. 1995),
and Frank v. United States, 79 F.3d 425 (2nd Cir. 1995) upheld
the Act.
     Walter Dellinger, who will become Acting Solicitor General
effective July 1, has indicated that he will argue the case for
the United States.  Dellinger argued in the Fifth Circuit against
Stephen P. Halbrook, counsel for Sheriffs Koog and McGee.  In the
Ninth Circuit, Halbrook represented Sheriff Printz, and was co-
counsel with David Hardy representing Sheriff Mack. 
     In the district courts, Halbrook argued McGee, Koog, Mack,
and Printz, and was of counsel in Romero and Frank.  Five of these
six courts found the Brady Act mandate to CLEOs unconstitutional.
     Halbrook previously argued and prevailed in the Supreme Court
against the United States in another Gun Control Act case.  United
States v. Thompson/Center Arms Co., 112 S.Ct. 2102 (1992).  He also
was counsel in Virginia's Tenth Amendment challenge to the federal
motor voter statute.
Stephen P. Halbrook, Attorney at Law
10560 Main Street, Suite 404
Fairfax, VA 22030
phone:  (703) 352-7276
fax:    (703) 359-0938
Email:  protell@aol.com
http:\www.mcs.net\~lpyleprn\halbrook.html
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