• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Reversal of Dearth v. Holder Opens the Door to More Challenges of Federal Gun Laws

Bill Starks

State Researcher
Joined
Dec 27, 2007
Messages
4,304
Location
Nortonville, KY, USA
A successful outcome from this decision would begin the start of dismantling the entire federal framework prohibiting the purchase of firearms outside of one’s state of residence.

http://www.ammoland.com/2011/04/18/...m=feed&utm_campaign=Feed:+ammoland+(ammoland)

Here is the opinion of the court given by Circuit Judge Ginsburg.
GINSBURG, Circuit Judge: Plaintiffs Stephen Dearth and the Second Amendment Foundation, Inc. (SAF), seeking declaratory and injunctive relief, claim that portions of 18 U.S.C. § 922 and related regulations are unconstitutional because they prevent Dearth from purchasing a firearm. The district court dismissed the suit for lack of standing. Because we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district court for further proceedings.
 

1911er

Regular Member
Joined
Sep 9, 2009
Messages
833
Location
Port Orchard Wa. /Granite Oklahoma
A successful outcome from this decision would begin the start of dismantling the entire federal framework prohibiting the purchase of firearms outside of one’s state of residence.

http://www.ammoland.com/2011/04/18/...m=feed&utm_campaign=Feed:+ammoland+(ammoland)

Here is the opinion of the court given by Circuit Judge Ginsburg.
GINSBURG, Circuit Judge: Plaintiffs Stephen Dearth and the Second Amendment Foundation, Inc. (SAF), seeking declaratory and injunctive relief, claim that portions of 18 U.S.C. § 922 and related regulations are unconstitutional because they prevent Dearth from purchasing a firearm. The district court dismissed the suit for lack of standing. Because we conclude Dearth does have standing, we reverse the judgment of the district court and remand the case to the district court for further proceedings.

Thanks for posting this article great info .
 

heresolong

Regular Member
Joined
Oct 4, 2007
Messages
1,318
Location
Blaine, WA, ,
Keep in mind that the actual case still has to be ruled on. All that was decided is that he has a right to go to court. If a court found that he lacked standing when he clearly did (ie they didn't want to hear the case because they don't want to overturn the law) that same court will probably bend over backwards to find against him during the actual case. This will be a long row to hoe as it will undoubtedly have to go all the way to the SCOTUS. Plan on at least three more years.

Would be a nice law to overturn, however, since it is stupid on the face of it. I wish Congress would just abolish it and save everybody the time and hassle.
 
Top