CCRKBA Wins SAF-Funded Case On Interstate Handgun Transfer Ban

[aikoaiko]

I haven't seen this posted on a mainstream new site yet, but I thought I'd post it here for those who might be interested.

Source: http://www.prnewswire.com/news-releases/ccrkba-wins-saf-funded-case-on-interstate-handgun-transfer-ban-300034710.html

BELLEVUE, Wash., Feb. 11, 2015 /PRNewswire-USNewswire/ -- The Citizens Committee for the Right to Keep and Bear Arms today won a major federal court ruling in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional muster.

The case, which was financially supported by the Second Amendment Foundation, is known as Mance v. Holder. It involves plaintiffs residing in the District of Columbia and Texas, and could have far-reaching ramifications, according to CCRKBA Chairman Alan Gottlieb.

"Our lawsuit strikes at the heart of a debate that has been ongoing for several years, since the creation of the National Instant Check System (NICS)," Gottlieb said. "With the advent of the NICS system, it makes no sense to perpetuate a ban on interstate transfers of handguns."

Indeed, in his ruling, U.S. District Court Judge Reed O'Connor of the Northern District of Texas, Fort Worth Division, writes, &quot T)he Court finds that the federal interstate handgun transfer ban burdens conduct that falls within the scope of the Second Amendment."

[ManiacJoe]

1. Is "the ban" being defined as

all private, interstate transfers need to go through an FFL on the receiver's side?

[aikoaiko]

2. I think its unclear.

At very least it sounds like I can drive over the bridge into SC from GA, and buy a handgun from an SC FFL holder while being a resident of GA.

It could also mean I could do that with a private seller.

More shall be revealed I'm sure.

[MicaelS]

6. I think it means that you would be able to go..

To a dealer in another state and buy a handgun over the counter, undergo the background check and once cleared take possession of the handgun right then and there, just like you can do with a long gun. . As opposed to now where you have to have the handgun shipped to a FFL dealer in your state, where they do the check and then get the handgun.

[Lurks Often]

3. It is currently legal to buy a long gun (rifle, shotgun) out of state from a FFL dealer

This ruling would apply the same standard to handguns.

It will not allow legal inter-state transfer of firearms between private parties and the purchaser is responsible for obeying the laws of the state he resides in. I believe, but am not 100% certain that the FFL selling the firearm is required to obey all laws of the state that the PURCHASER resides in and applicable state laws of the state he does business in. A background check is still being done.

I'm sure there will be a lot of wailing, screeching, crying and gnashing of teeth by gun control extremists over this, but I don't see this having a significant impact on gun sales.

Mostly I expect it to affect some on vacation who has been looking for a specific and not commonly seen handgun that he has been wanting for years and running across it in some local gunship where he is on vacation.

[beevul]

4. Reminding governmental officials and gun control extremists that amendment 2 protects a right...

Reminding public officials and gun control extremists that amendment 2 protects a right not a privilege.


That's always good medicine.

[Straw Man]

5. As far as I can see ...

... all this means is that if I'm in a state other than my state of residence, I can buy a handgun from a licensed dealer without having to have him/her ship it to a licensed dealer in my state.

That's moot for me, though, since in my state I would have to go through all the registration paperwork before I could take possession of this handgun. That would mean multiple trips, so I might just as well have had it shipped to a home-state dealer in the first place.