77zach
Regular Member
http://www.examiner.com/article/federal-court-rules-interstate-handgun-transfer-ban-unconstitutional
Strict scrutiny applied.
Strict scrutiny applied.
I look forward to reading the actual text of the ruling, but based on what I have read second-hand so far in a handful of news sources, it appears that the Judge's legal rational behind the ruling was that the Federal ban on interstate handgun purchases was unconstitutional because it prevented the existence and operation of a border-less national handgun market, thus a violation of the Second Amendment.
Awesome! If this ruling survives appeal (which it should) then many of the restrictive states will have a (well-deserved) legal problem defending some of their silly state/local handgun purchase permit requirements. The existence of some of these regulatory schemes would obviously directly interfere with the very same 'national handgun' market that now would come into existence as an unavoidable result of the lifting of the Federal ban.
Just my 2 cents.
My reading of the case is that FFLs would have to comply with the laws of the state (locality) that the buyer resides in, vice their own state of business ownership.
I would NOT want to be put in that position, determining if I could sell a handgun to Bob from Cali/NYC/NJ/HI etc. Then being prosecuted for violating a law that I was not aware of, from a state I had never been in.
My reading of the case is that FFLs would have to comply with the laws of the state (locality) that the buyer resides in, vice their own state of business ownership.
I would NOT want to be put in that position, determining if I could sell a handgun to Bob from Cali/NYC/NJ/HI etc. Then being prosecuted for violating a law that I was not aware of, from a state I had never been in.
This ruling, if it survives appeal, would bode well for Washington state's restrictive gun transfer law that was enacted this year.
Very interesting!
I was thinking the same thing, and this may be where this is headed. First they get a precedence, they they go after DC.