District Judge Rules Federal Interstate Handgun Sales Ban Unconstitutional

[1-LM]

Judge Overturns Federal Interstate Handgun Sales Ban

On Wednesday, U.S. District Court Judge Reed O’Connor ruled that the federal interstate handgun sales ban is unconstitutional.

Bretibart News previously reported that this ban was implemented after Congress passed Gun Control Act of 1968 (GCA), which was signed into law by Lyndon Baines Johnson in the fall of 1968. The interstate sales ban bars a law-abiding resident in one state from buying a handgun from a retail gun store in another, but allows interstate shotgun, rifle, and tactical rifle sales to continue.

According to the Firearms Policy Coalition, the ruling was the result of Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, which was backed by the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).

Judge O’Connor ruled that the ban on interstate handgun sales violated “the Second Amendment and the Fifth Amendment’s Due Process Clause.” The provisions of the ban are therefore unconstitutional and the “[d]efendants are enjoined from enforcing [them].”

 

[Drzzit]

Hope this stands, it would be nice to be able to buy hangs while in another state.

 

[Drzzit]

HANDGUNS.....Damn auto correct

 

[BluesStringer]

Hope this stands, it would be nice to be able to buy hangs while in another state.

HANDGUNS.....Damn auto correct

I thought the typo was "hangings." I could think of several folks in nearly any state that "...it would be nice to buy hangins' for!" LOL

 

[CapGun]

When will the ruling get to the FFLs? Will they have the temerity to start selling to an out of stater. Next question is...... In some states you can not conduct a private sale of a handgun without going through an FFL but you can sell a long gun privately. Now what about private handgun sale to a non-resident? Not talking about a New Yorker or someone that has to or rather wants to list that gun on their permit or those states that require to get a permission slip before you buy; though I don't see how that would come into play.
At least at this point the ruling is very good news!

 

[1-LM]

I am almost positive this will not be the last we hear on this subject. You can bet an appeal to the 5th district court is in the works. It is indeed a step in the right direction. You can read the full opinion here

Link Removed

 

[NavyLCDR]

Another thing that will have to happen is the NICS will have to change. I don't think they will currently approve a check where the state of residence does not match the FFLs state in which they conduct business for anything other than rifle or shotgun. I doubt if very many FFLs will be willing to sell handguns to out of staters until, at a minimum, BATFE issues an open letter that says it's OK to do so.

Additionally, we are going to see D.C. pass a law prohibiting firearms imports into the state by residents.

 

[S&W645]

Judge Overturns Federal Interstate Handgun Sales Ban

On Wednesday, U.S. District Court Judge Reed O’Connor ruled that the federal interstate handgun sales ban is unconstitutional.

Bretibart News previously reported that this ban was implemented after Congress passed Gun Control Act of 1968 (GCA), which was signed into law by Lyndon Baines Johnson in the fall of 1968. The interstate sales ban bars a law-abiding resident in one state from buying a handgun from a retail gun store in another, but allows interstate shotgun, rifle, and tactical rifle sales to continue.

According to the Firearms Policy Coalition, the ruling was the result of Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, which was backed by the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).

Judge O’Connor ruled that the ban on interstate handgun sales violated “the Second Amendment and the Fifth Amendment’s Due Process Clause.” The provisions of the ban are therefore unconstitutional and the “[d]efendants are enjoined from enforcing [them].”

Here's the story from CCRKBA. CCRKBA WINS SAF-FUNDED CASE ON INTERSTATE HANDGUN TRANSFER BAN - Citizens Committee For The Right To Keep And Bear Arms

 

[HootenArmory]

I doubt if very many FFLs will be willing to sell handguns to out of staters until, at a minimum, BATFE issues an open letter that says it's OK to do so.

^^ This ^^
I know I won't treat my transactions any different until I get the go-ahead. My license is too valuable for me to start interpreting the rules on my own.

 

[Ghost Rider]

This law has never made any sense to me at all. Why I could buy a long gun, but not a hand gun when out of state. Its like saying we trust you with a rifle, but not a hand gun.

 

[S&W645]

This law has never made any sense to me at all. Why I could buy a long gun, but not a hand gun when out of state. Its like saying we trust you with a rifle, but not a hand gun.

Because just like with the M855/SS109 rounds, its all about feelings and control. Not logic.