Restrictions on Interstate Sales/Transfers-UNCONSTITUTIONAL

[RoyGBiv]

By US District Court, Northern District of Texas.
US District Judge Reed O'Conner

Mance v. Holder
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It's got a long way to go before it's settled... Sure to be appealed. Still....

[AlaskanInTexas]

Just read the opinion. I agree with it. Let's hope it sticks.

[AlaskanInTexas]

Too bad it didn't strike down 18 USC 922(a)(5):

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

[cb1000rider]

It appears to be pretty narrow, only striking down 3 things:
§ 922(a)(3), 18 U.S.C. § 922(b)(3), and27 C.F.R. § 478.99(a)

Anyone want a shot at the cliffs notes of what they are?

[RoyGBiv]

It appears to be pretty narrow, only striking down 3 things:
§ 922(a)(3), 18 U.S.C. § 922(b)(3), and27 C.F.R. § 478.99(a)

Anyone want a shot at the cliffs notes of what they are?

The heart of Federal interstate sales and transfers prohibitions.

http://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;
(a)(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(b)(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

and... http://www.law.cornell.edu/cfr/text/27/478.99" onclick="window.open(this.href);return false;
§ 478.99 Certain prohibited sales or deliveries.
(a) Interstate sales or deliveries. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver any firearm to any person not licensed under this part and who the licensee knows or has reasonable cause to believe does not reside in (or if a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business or activity is located: Provided, That the foregoing provisions of this paragraph (1) shall not apply to the sale or delivery of a rifle or shotgun (curio or relic, in the case of a licensed collector) to a resident of a State other than the State in which the licensee's place of business or collection premises is located if the requirements of § 478.96(c) are fully met, and (2) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes (see § 478.97).

[mr1337]

Here's a summary (news story) on the ruling:

http://www.thetruthaboutguns.com/2015/0 ... itutional/" onclick="window.open(this.href);return false;

Man, I guess it's time for me to join the Second Amendment Foundation.

[cb1000rider]

IE - may have eliminated the need for a local FFL when you buy a firearm from an FFL in another state? (not 100% sure)

It's clearly eliminated the need for two FFLs if you go over a state to buy a handgun...

The broader context escapes me...

[AlaskanInTexas]

But unfortunately, it did not strike down the ban on transfers to out-of-staters by private parties. In other words, I can now go to Oklahoma and buy a handgun from an FFL, but not from my dad.

[anygunanywhere]

Anygunanywhere does his happy dance while singing "another one bites the dust".

[anygunanywhere]

But unfortunately, it did not strike down the ban on transfers to out-of-staters by private parties. In other words, I can now go to Oklahoma and buy a handgun from an FFL, but not from my dad.

Sounds like you have standing to pursue a federal case. Go for it.

[Rex B]

"Plaintiffs are represented by attorney Alan Gura"

Probably will go to US COA, then reviewed by the USSC.

This is very good news. Now I can check out the LGS when I'm on vacation next month.

[Jumping Frog]

Best part of this decision is if it survives appeal to US 5th District Court of Appeals, it applies to Texas without having to wait on the SCOTUS.

[Beiruty]

What it says, You can buy from Budsguns and he would ship it directly to your address. The only thing I feel the need to be changed is the Federal form being online filled and electronically signed plus background check or provide electronic form of a CHL to the out of state FLL dealer.

[jmra]

What it says, You can buy from Budsguns and he would ship it directly to your address. The only thing I feel the need to be changed is the Federal form being online filled and electronically signed plus background check or provide electronic form of a CHL to the out of state FLL dealer.

If this ruling is upheld there is little doubt in my mind the Feds will change the rules to require a face to face transaction to verify identity. As much as I would like for it to happen, we will not be returning to mail order guns directly to your door step.

[Jumping Frog]

What it says, You can buy from Budsguns and he would ship it directly to your address. The only thing I feel the need to be changed is the Federal form being online filled and electronically signed plus background check or provide electronic form of a CHL to the out of state FLL dealer.

No, that isn't what it says at all.

Nothing in it justifies mail order sales. There is still the requirement to go into an FFL and complete a Form 4473 in person. The FFL has to complete the NICS check.

If upheld, what this ruling means is I could travel to Louisiana or Mississippi and if I see a handgun in a store that I want to purchase, I could buy the gun in those states and carry it directly back to Texas (or ship it to myself).

If I had friends or family come to visit Texas from any other state, such as Oklahoma, or Georgia, and we went shopping here in Texas, they could buy a handgun from an FFL here directly even though they are not a Texas resident.

First, I'd want this appealed and upheld by the United States Court of Appeals for the Fifth Circuit. It has jurisdiction over the following districts:

Eastern District of Louisiana
Middle District of Louisiana
Western District of Louisiana
Northern District of Mississippi
Southern District of Mississippi
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas

This ruling does not apply at all to BudsGunShop (Kentucky) unless or until the day that the SCOTUS upholds the ruling. But even then, I'd have to physically go into BudsGunShop, purchase in person, and take the gun with me to ship or travel back to Texas.