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Thread: Federal Interstate Handgun Sales Ban Ruled Unconstitutional

  1. #1
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    Federal Interstate Handgun Sales Ban Ruled Unconstitutional

    With some good pro 2nd Amendment bills winding through the state legislative grist mill, some of you may have missed this recent decision at the Federal level. The basics is you can now buy a handgun in say Montana without having to be a resident and bring it back to Nevada. Source is:

    https://www.firearmspolicy.org/news/...onstitutional/

    NAVYBLUE


    "In another excellent victory for civil rights by attorney Alan Gura, United States District Court Judge Reed O’Connor struck down the federal interstate handgun sales ban earlier today, finding it unconstitutional (both facially and as-applied) under the Second Amendment and the Fifth Amendment’s Due Process Clause.

    As the Court explained, “[t]o prevail on a facial challenge, Plaintiffs must show that either no set of circumstances exists under which the law would be valid or that the statute lacks any plainly legitimate sweep.” That high bar was met by the Plaintiffs’ legal team. The decision explained that “Defendants [United States Attorney General Eric Holder and BATFE director B. Todd Jones] fail[ed] to provide reasonably current figures to show the federal interstate handgun sale ban is narrowly tailored.”

    Even though the Court found that strict scrutiny was the proper standard of review for the type of burden on Constitutionally-protected conduct imposed by the challenged laws (18 U.S.C. § 922(a)(3), 18 U.S.C. § 922 (b)(3), and 27 C.F.R. § 478.99(a)), it also noted that the law failed even the relatively-deferential intermediate scrutiny test.

    The United States, the Court held, has been enforcing “a regime that is not substantially related to the Government’s stated goal” [of public safety]. Even under intermediate scrutiny, “there must be an indication that the regulation will alleviate the asserted harm to a material degree.” But “Defendants [] failed to carry their burden to show how the federal interstate handgun transfer ban alleviates, in a material way, the problem of prohibited persons obtaining handguns simply by crossing state lines and depriving states of notice that they have under the amended version of the 1968 Gun Control Act.” Accordingly, the laws were declared unconstitutional and enjoined from enforcement.

    The lawsuit, captioned Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, was backed by Citizens’ Commitee for the Right to Keep and Bear Arms, one of the Bellevue, WA-based civil rights groups led by Alan Gottlieb. CCRKBA was also a plaintiff in the case, which will likely be appealed by the government to the Fifth Circuit Court of Appeals."

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    Regular Member The Big Guy's Avatar
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    This is not big, it's immense. This should have been a top story on even a busy news day. If the court had ruled the other way, you would hear it reported for days.

    TBG
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    Regular Member Ron_O's Avatar
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    Quote Originally Posted by NAVYBLUE View Post
    With some good pro 2nd Amendment bills winding through the state legislative grist mill, some of you may have missed this recent decision at the Federal level. The basics is you can now buy a handgun in say Montana without having to be a resident and bring it back to Nevada. Source is:

    https://www.firearmspolicy.org/news/...onstitutional/

    NAVYBLUE


    "In another excellent victory for civil rights by attorney Alan Gura, United States District Court Judge Reed O’Connor struck down the federal interstate handgun sales ban earlier today, finding it unconstitutional (both facially and as-applied) under the Second Amendment and the Fifth Amendment’s Due Process Clause.

    As the Court explained, “[t]o prevail on a facial challenge, Plaintiffs must show that either no set of circumstances exists under which the law would be valid or that the statute lacks any plainly legitimate sweep.” That high bar was met by the Plaintiffs’ legal team. The decision explained that “Defendants [United States Attorney General Eric Holder and BATFE director B. Todd Jones] fail[ed] to provide reasonably current figures to show the federal interstate handgun sale ban is narrowly tailored.”

    Even though the Court found that strict scrutiny was the proper standard of review for the type of burden on Constitutionally-protected conduct imposed by the challenged laws (18 U.S.C. § 922(a)(3), 18 U.S.C. § 922 (b)(3), and 27 C.F.R. § 478.99(a)), it also noted that the law failed even the relatively-deferential intermediate scrutiny test.

    The United States, the Court held, has been enforcing “a regime that is not substantially related to the Government’s stated goal” [of public safety]. Even under intermediate scrutiny, “there must be an indication that the regulation will alleviate the asserted harm to a material degree.” But “Defendants [] failed to carry their burden to show how the federal interstate handgun transfer ban alleviates, in a material way, the problem of prohibited persons obtaining handguns simply by crossing state lines and depriving states of notice that they have under the amended version of the 1968 Gun Control Act.” Accordingly, the laws were declared unconstitutional and enjoined from enforcement.

    The lawsuit, captioned Fredric Russell Mance, Jr. et al. v. Eric H. Holder, Jr. and B. Todd Jones, was backed by Citizens’ Commitee for the Right to Keep and Bear Arms, one of the Bellevue, WA-based civil rights groups led by Alan Gottlieb. CCRKBA was also a plaintiff in the case, which will likely be appealed by the government to the Fifth Circuit Court of Appeals."
    I asked this in another venue, but does anyone know if this takes immediate effect or is it only valid in the 5th District or is there some kind of stay already in place?

    I'm wondering if, for example, the next time I'm in sales-tax-free Oregon I can buy something over the counter, or even in Arizona?

    Just curious what effect this has had.

    These decades-old laws are falling one at a time, it seems someone is finally waking up...
    Last edited by Ron_O; 02-20-2015 at 08:39 AM.
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    Quote Originally Posted by Ron_O View Post
    I asked this in another venue, but does anyone know if this takes immediate effect or is it only valid in the 5th District or is there some kind of stay already in place?

    I'm wondering if, for example, the next time I'm in sales-tax-free Oregon I can buy something over the counter, or even in Arizona?

    Just curious what effect this has had.

    These decades-old laws are falling one at a time, it seems someone is finally waking up...
    It does take immediate effect. The Order that is... However just like winning a judgement does not make money appear in your account, It may be a rough road, or not. The Defendants are the only ones Enjoined from enforcement directly. One can argue it covers all enforcement as the law was declared unconstitutional, and all enforcers take a oath to uphold the Constitution. I agree but think some states will try to run around it, hopefully not.

    In the meantime i agree it should be tested!

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    Quote Originally Posted by DON`T TREAD ON ME View Post
    I agree but think some states will try to run around it, hopefully not.

    In the meantime i agree it should be tested!
    Or, run over it.

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    It will be interesting to see what happens to California's banned handgun list. If people can drive to Reno / Vegas and legally buy a handgun, and magazine! how can it be unlawful to take your legally purchased handgun home?

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    Quote Originally Posted by DON`T TREAD ON ME View Post
    It will be interesting to see what happens to California's banned handgun list. If people can drive to Reno / Vegas and legally buy a handgun, and magazine! how can it be unlawful to take your legally purchased handgun home?
    This does not affect state laws.

    For example, it is currently legal for interstate sales of long guns from FFL's, but CA state laws forbid it, and every dealer knows it.
    Last edited by MAC702; 02-22-2015 at 06:11 PM.
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    Quote Originally Posted by MAC702 View Post
    This does not affect state laws.

    For example, it is currently legal for interstate sales of long guns from FFL's, but CA state laws forbid it, and every dealer knows it.
    Yeah I just read the summery judgement, Funny how DC allows out of state purchase... and CA does not. I also saw a blip in the pleadings regarding 18-20 yr. old firearm sales, but no conclusion... Anyone else see that?

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    Awesome! That is great news. Buy a gun in a state with no sales tax and bring it home with you. Does it get any better?

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