Recently, I spoke at a symposium on the Second Amendment, and attended a dinner with Stephen Halbrook. Stephen argued Printz v. United States before the Supreme Court, as well as several of the district court ccases leading up to Printz. One of those cases was Mack v. United States, filed in the District of Arizona. (Remember Sheriff Mack who insists that the Supreme Court case should be called Mack v. United States, because Mack comes before Printz alphabetically).
In Mack v. United States (1994), Judge John Roll ruled in favor of the challengers, and found the provision that ordered the CLEOs to perform background checks “violates the Fifth and Tenth Amendments of the United States Constitution.”
Judge Roll was killed on January 8, 2011 when Jared Loughner opened fire during Rep. Gabby Giffords’ “Congress on Your Corner” event.