Cite as National Rifle Association v. Brady, Order and Judgment of August 15, 1989, Case No. 2:88-2518-8 (D.S.C. 1989) UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION NATIONAL RIFLE ASSOCIATION, et al., Plaintiffs v. NICHOLAS F. BRADY, in his official capacity as the Secretary of the Treasury; and STEPHEN E. HIGGINS, in his official capacity as the Director of the Bureau of Alcohol, Tobacco and Firearms, U. S. Department of the Treasury, Defendants Civil Action No. 2:88-2518-8 ORDER On December 12, 1988, the trial of the instant matter, having been consolidated with plaintiffs' motion for a preliminary injunction pursuant to Rule 65(b) and order of this court, was held before the court. Heard by the court on this date, too, were oral arguments on defendants' motion to dismiss, or in the alternative, for summary judgment. The court has considered all memoranda, affidavits and exhibits submitted by the parties in support of and in opposition to the above motions and in connection with the trial of the case, as well as oral argument and testimony given on December 12, 1988. Pursuant to this court's oral rulings of December 12, 1988, IT IS HEREBY ORDERED AND ADJUDGED: 1. With respect to the definition of "business premises" contained in 27 C.F.R. section 178.11, defendants, motion for summary judgment is granted; 2. With respect to the definition of "manufacture" contained in 27 C.F.R. section 178.11, the court declares this regulation to be arbitrary and capricious and unlawful, and, therefore, sets it aside pursuant to 5 U.S.C. section 706, and enters a permanent injunction against its enforcement by defendants. 3. With respect to 27 C.F.R. section 100, pertaining to Gun Shows, defendants' motion for summary judgment is granted; 4. With respect to 27 C.F.R. section 178.125(f), pertaining to record keeping of the receipt and disposition of "curios and relics," defendants' motion for summary judgment is granted; 5. With respect to 27 C.F.R. sections 178.125(e) and 178.125a, defendants' motion for summary judgment is granted; 6. With respect to the Bureau of Alcohol, Tobacco and Firearms (BATF)'s promulgation of temporary regulations on October 29, 1986, 51 Fed.Reg. 39612-34, defendants' motion for summary judgment is granted; 7. With respect to BATF's promulgation of final regulations on March 31, 1988, 53 Fed.Reg. 10480, defendants' motion for summary judgment is granted. IT IS SO ORDERED. Charleston, South Carolina August 15, 1989 Sol Blatt, Jr. UNITED STATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION NATIONAL RIFLE ASSOCIATION, a not for profit corporation; SOUTH CAROLINA SHOOTING ASSOCIATION, a not for profit corporation; GREENVILLE GUN CLUB, a corporation; PALMETTO GUN CLUB, a not for profit association; ROBLEY MOORE; WILLIAM P. GOODMAN; CALIFORNIA RIFLE AND PISTOL ASSOCIATION, a not for profit corporation; TEXAS STATE RIFLE ASSOCIATION, a not for profit association; and UNIFIED SPORTSMEN OF FLORIDA, a not for profit association, Plaintiffs, -vs- NICHOLAS F. BRADY, in his official capacity as the Secretary of the Treasury of the United States; and STEPHEN E. HIGGINS, in his official capacity as the Director of the Bureau of Alcohol, Tobacco and Firearms, U. S. Department of Treasury, Defendants. Civil Action No. 2:88-2518 J U D G M E N T This action came to trial before the Court with the Honorable Sol Blatt, Jr., United States District Judge presiding. The issue have been tried and a decision has been rendered. IT IS ORDERED AND ADJUDGED: 1. With respect to the definition of "business premises" contained in 27 C.F.R. section 178.11, defendants' motion for summary judgment is granted; 2. With respect to the definition of "manufacture" contained in 27 C.F.R section 178.11, the court declares this regulation to be arbitrary and capricious and unlawful, and, therefore, sets it aside pursuant to 5 U.S.C. section 706, and enters a permanent injunction against its enforcement by defendants; 3. With respect to 27 C.F.R. section 100, pertaining to Gun Shows, defendants' motion for summary judgment is granted; 4. With respect to 27 C.F.R. section 178.125(f), pertaining to record keeping of the receipt and disposition of "curios and relics," defendants' motion for summary judgment is granted; 5. With respect to 27 C.F.R. section 178.125(e) and 178.125a, defendants' motion for summary judgment is granted; 6. With respect to the Bureau of Alcohol, Tobacco and Firearms (BATF)'s promulgation of temporary regulations on October 29, 1986, 51 Fed.Reg. 39612-34, defendants' motion for summary judgment is granted; 7. With respect to BATF's promulgation of final regulations on March 31, 1988, 53 Fed.Reg. 10480, defendants' motion for summary judgment is granted. Dated this 16th day of August, 1989 in Charleston, South Carolina. ANN A. BIRCH, CLERK --------------------- Deputy