Federal Court Says Federal Ban of Interstate Sales of Hanguns Is Unconstitutional

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Last Post 13 February 2015

Standard Member

DR Owl Creek posted this 12 February 2015

Big 2nd Amendment Victory!!! Federal court Judge Reed O'Connor handed down a decision on 2-11-15 stating that the federal ban of interstate sales of handguns under the Gun Control Act of 1968 is UNCONSTITUTIONAL. The ban barred a law-abiding citizen who was a resident of one state from buying a handgun from a retail FFL dealer in another state, but allowed the sale of long-arms. For the full story, go to: http://www.breitbart.com/big-government/2015/02/11/district-judge-rules-federal-interstate-handgun-sales-ban-unconstitutional/>http://www.breitbart.com/big-government/2015/02/11/district-judge-rules-federal-interstate-handgun-sales-ban-unconstitutional/ Dave

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CBA Member

Ken Campbell Iowa posted this 12 February 2015

i dropped my ffl a few years back, but i think you can NOT have a new long gun shipped interstate from dealer to non-dealer purchaser. only an owner's gun that has been repaired .

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CBA Member

Duane Trusty posted this 12 February 2015

Ken

I believe you to be correct on the shipping part, I have purchased long guns at gun shops in Colorado.

I had to clear Colorado's back ground check, Not just the fed's

Duane

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CBA Member

joeb33050 posted this 12 February 2015

Isn't breitbart dead? Hasn't he been dead for a while? Is he speaking from beyond the grave? Ask him about indexing bullets! Is he still dead?

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CBA Member

Millelacs posted this 12 February 2015

I thought it was “interesting” some years back when I bought a rifle in Virginia, as a non-resident.

I had the “privilege” of paying more, for the Virginia background check, as a non-resident than Virginia residents paid.

It goes to show, so many of laws are for the purpose of raising revenue, in the sheep's clothing of “keeping us safe".

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CBA Member

Brodie posted this 12 February 2015

Virtually ALL gun control laws are in the sheep's clothing

B.E.Brickey

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Standard Member

corerf posted this 13 February 2015

Id really like to submit a response to JoeB but I will refrain to honor the forum and not digress.

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CBA Member

joeb33050 posted this 13 February 2015

Reuters) - A U.S. ban on the interstate sales of handguns by federal firearms dealers to buyers from other states violates the U.S. Constitution, a federal judge in Texas ruled on Wednesday.

The ruling by U.S. District Court Judge Reed O'Connor stemmed from a challenge to the ban brought by a Texas firearms dealer and a couple from the District of Columbia in July 2014.

The federal law prohibits a dealer from transferring a handgun, but not a rifle or shotgun, to an individual who does not live in the state in which the dealer's business is located. “While we expect the government to appeal, we are confident that the 5th U.S. Circuit Court of Appeals will agree with Judge O'Connor's sound ruling,” attorney William Mateja, who represented the challengers, said in a statement. Andrew and Tracey Hanson met with licensed firearms dealer Fredric Mance Jr. in Texas about buying two handguns, but did not complete the transaction because they could not take immediate possession of the weapons, according to court papers. Federal law required Mance to transfer the handguns to a federally licensed dealer where the Hansons live, Charles Sykes in the District of Columbia, where they could complete the purchase after paying shipping and transfer fees. The Hansons and Mance, all members of the Citizens Committee for the Right to Keep and Bear Arms, argued in their lawsuit in the U.S. District Court for the Northern District of Texas that the ban limits consumer choices and infringes on their rights. O'Connor found that the ban violated the second and fifth amendments to the U.S. Constitution. He also distinguished the ban from other firearms restrictions such as those that target specific people, such as felons or the mentally ill. “As law abiding, responsible citizens, the Hansons likely do not pose the threat to public safety that motivated Congress to enact the federal interstate handgun transfer ban,” O'Connor wrote in his decision. O'Connor said the government demonstrated a compelling interest in preventing handgun crime, but failed to show how the transfer ban alleviates the problem of prohibited people acquiring handguns by crossing state lines.

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CBA Member

Ken Campbell Iowa posted this 13 February 2015

i believe the statement that long guns may be shipped interstate to non-dealers was inserted into the report by media reporters.

here is a copy of ATF rules: faq::

May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser's State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence.

ken sez: keep in mind that the ATF is also the little brother of the IRS, both of whom make up scrambled rules as they go along.