Results 1 to 8 of 8

Thread: 5 CA N. D. Texas rules residency requirements for pistol buys is unconstitutional

  1. #1
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,147

    5 CA N. D. Texas rules residency requirements for pistol buys is unconstitutional

    In the case, federally licensed firearms dealer Frederic Russell Mance Jr. of Texas and gun buyers Tracey and Andrew Hanson sued Mr. Holder and the Bureau of Alcohol, Tobacco, Firearms and Explosives Director B. Todd Jones claiming the federal ban on the sale of handguns outside of one’s state stops the formation of a national handgun market.

    The Hansons, who live in Washington, visited Mr. Mance’s Texas store in June and were unable to buy handguns because of the ban. The ban effectively “reduces competition, raises prices and limits consumer choices,” their joint lawsuit, which was filed in July, alleged.

    http://www.washingtontimes.com/news/...ments-pistol-/
    I am responsible for my writing, not your understanding of it.

  2. #2
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,271
    It seems this ruling will only affect those states in that district. Hopefully BATF relents or in a few years it goes to SCOTUS before another anti judge can be appointed.

    I am surprised it took this many years for it to have a ruling. The ban on outside state handgun purchases has been around for a longgggg time.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  3. #3
    Regular Member rodbender's Avatar
    Join Date
    Jun 2008
    Location
    Navasota, Texas, USA
    Posts
    2,524
    Quote Originally Posted by WalkingWolf View Post
    It seems this ruling will only affect those states in that district. Hopefully BATF relents or in a few years it goes to SCOTUS before another anti judge can be appointed.

    I am surprised it took this many years for it to have a ruling. The ban on outside state handgun purchases has been around for a longgggg time.
    Since the GCA of 1968. This is pretty much modeled after the GCA that was put into place after dear sweet Hitler was elected chancellor of Germany.
    The thing about common sense is....it ain't too common.
    Will Rogers

  4. #4
    Regular Member
    Join Date
    Dec 2010
    Location
    Houston
    Posts
    796
    Quote Originally Posted by WalkingWolf View Post
    It seems this ruling will only affect those states in that district. Hopefully BATF relents or in a few years it goes to SCOTUS before another anti judge can be appointed.

    I am surprised it took this many years for it to have a ruling. The ban on outside state handgun purchases has been around for a longgggg time.
    The article mentioned the far reaching impacts and I think that there are going to be folks lining up to give it a test drive in other places. I think that it is very telling that this was a summary judgement based upon the government being wholly unable to prove its case and the judge ruling that at face value it was unconstitutional. I wouldn't be surprised to see them fail to get a stay.
    NRA Life Member

    "The strongest reason for people to retain the right to keep and bear arms, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson

  5. #5
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Quote Originally Posted by WalkingWolf View Post
    It seems this ruling will only affect those states in that district. Hopefully BATF relents or in a few years it goes to SCOTUS before another anti judge can be appointed.

    I am surprised it took this many years for it to have a ruling. The ban on outside state handgun purchases has been around for a longgggg time.
    The ruling lists the DOJ and Holder as defendants, the finals paragraphs of the ruling prohibit the defendants from enforcing the laws in question starting immediately.

    Doesn't that mean it's nation wide? The laws were declared unconstitutional and were federal, shouldn't that mean no law enforcement agents in the nation are allowed to enforce them as well? Otherwise they are enforcing laws that have been declared unconstitutional...
    Last edited by Baked on Grease; 02-12-2015 at 03:15 PM.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  6. #6
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,271
    Quote Originally Posted by Baked on Grease View Post
    The ruling lists the DOJ and Holder as defendants, the finals paragraphs of the ruling prohibit the defendants from enforcing the laws in question starting immediately.

    Doesn't that mean it's nation wide? The laws were declared unconstitutional and were federal, shouldn't that mean no law enforcement agents in the nation are allowed to enforce them as well? Otherwise they are enforcing laws that have been declared unconstitutional...
    IMO, and as case law goes, only in that district. Though other districts will no doubt use it for precedence. Otherwise a NY federal court could rule the opposite way and negate the 5th district ruling. Sayy our 4 district rules the law is constitutional, that would not affect the 5th district in any way.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  7. #7
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Quote Originally Posted by WalkingWolf View Post
    IMO, and as case law goes, only in that district. Though other districts will no doubt use it for precedence. Otherwise a NY federal court could rule the opposite way and negate the 5th district ruling. Sayy our 4 district rules the law is constitutional, that would not affect the 5th district in any way.
    Hmmmm.. I know it works that way for state laws going up the chain... but this is a federal law contested in a federal court... I would think that any federal court declaring a federal law unconstitutional applies nationwide as the federal law in question also applied nationwide in the first place. It isn't a state/local law that only applied to that one specific area...

    Any law declared unconstitutional is as if the law was never passed right? So that would mean that no cop or prosecutor in the nation would be permitted to enforce it since the law is Federal and applies equally nationwide... that is how it looks to me at least.

    Any actual lawyers care to educate us on this matter?
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  8. #8
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Funny, almost every gun law examined by the strict scrutiny (court made up stuff of course) standard has failed muster.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •