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State of Virginia named defendant in latest Gura lawsuit on DC Gun Ban

TFred

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Press Release from Second Amendment Foundation

Link to complaint

TFred

Here's the press release:

SAF CHALLENGES INTERSTATE HANDGUN SALES BAN
For Immediate Release: 5/10/2011

BELLEVUE, WA – The Second Amendment Foundation today filed suit in U.S. District Court in Virginia challenging the constitutionality of federal and Virginia provisions barring handgun sales to non-residents.

SAF is joined in the lawsuit by Michelle Lane, a District of Columbia resident who cannot legally purchase handguns because there are no retail firearms dealers inside the District. The Supreme Court’s 2008 Heller ruling struck down the District’s handgun ban, confirming that individuals have a constitutional right to possess handguns.

SAF and Lane are represented by attorney Alan Gura of Gura & Possessky, PLLC, who won both the Heller ruling and last year’s Supreme Court victory in McDonald v. City of Chicago. Named as defendants are Attorney General Eric Holder and W. Steven Flaherty, superintendent of the Virginia State Police.

“This is an important issue in the era of the national instant background check,” said SAF Executive Vice President Alan M. Gottlieb. “The NICS check should allow law-abiding citizens like Miss Lane to exercise their Second Amendment rights regardless their place of residence.”

“Americans don’t check their constitutional rights at the state line,” said Gura. “And since Michelle Lane is legally entitled to possess firearms, forcing her to seek a non-existing D.C. dealer to buy a handgun is pointless when perfectly legitimate options exist minutes across the Potomac River.”

“The Supreme Court has ruled that District residents have an individual right, protected by the Constitution, to have a handgun in their home,” Gottlieb noted. “The high court has also ruled that the Second Amendment applies to the states. Existing state and federal statutes violate both the spirit and letter of recent court rulings and the Constitution, and our lawsuit seeks to remedy that situation.”

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

-END-​

From the complaint:

11. Va. Code § 18.2-308.2:2 bars a firearms dealer from selling handguns, but not rifles or shotguns, to individuals who do not reside in Virginia.

12. Owing to the operation of 18 U.S.C. § 922(b)(3), 27 CFR § 478.99, and Va. Code § 18.2-308.2:2, Ms. Lane cannot take possession of her handguns from the Lorton, Virginia firearms dealer from whom she ordered the handguns. In order to for Ms. Lane to take possession of her handguns, the Virginia dealer must first transfer them to a federal firearms licensee in the District of Columbia, who could, in turn, transfer the handguns to Ms. Lane.​
 

Grapeshot

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I suspect that they will get more support than opposition from Virginians. I see this as having the potential for much good.
 

Dutch Uncle

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I have no problem with this and I hope my fellow Virginians agree. We should be willing to help the subjects of D.C. to arm themselves, and our FFL's would like the extra business. And how ironic if Gura wins: Bloomberg will bust an artery if the highest court says VA has an obligation to help people in other areas to arm themselves.

We need to keep our momentum moving quickly to establish as many new beachheads as possible. I hate to be the proverbial wet blanket, but it is possible that Obama may get another 4 years, and that could mean naming more liberal supreme court justices. If that comes to pass, I want us to be in the strongest position possible to deal with the inevitable onslaught.
 

peter nap

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We need to keep our momentum moving quickly to establish as many new beachheads as possible. I hate to be the proverbial wet blanket, but it is possible that Obama may get another 4 years, and that could mean naming more liberal supreme court justices. If that comes to pass, I want us to be in the strongest position possible to deal with the inevitable onslaught.

Yes, we do and it appears that it's happening. May it continue!

I really doubt Obama can do it but if nothing else, he's darned smart and the Republicans have a proven track record of running the WRONG person when the tide is in their favor.

There are some possible twists with this though. It really revolves around the instant background check, something I hate and the anti's love. That may bite them in the backsides if this wins.

On the other hand, if this turns on us and provides fuel for checks on ALL gun purchases including private sales, I'm gonna be looking to put some knots on the SAF.
 
Last edited:

2a4all

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I have no problem with this and I hope my fellow Virginians agree. We should be willing to help the subjects of D.C. to arm themselves, and our FFL's would like the extra business. And how ironic if Gura wins: Bloomberg will bust an artery if the highest court says VA has an obligation to help people in other areas to arm themselves.

We need to keep our momentum moving quickly to establish as many new beachheads as possible. I hate to be the proverbial wet blanket, but it is possible that Obama may get another 4 years, and that could mean naming more liberal supreme court justices. If that comes to pass, I want us to be in the strongest position possible to deal with the inevitable onslaught.
Good choice of words, Dutch.

I agree wholeheartedly, but expect Bloomberg to file an amicus brief on behalf of the defendants. This lawsuit would be a major threat to his campaign. It (the brief) would also be a major embarrassment to Gov McDonnell and the AG.
 

45acpForMe

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I never understood why I can't buy a firearm in another state while visiting without it going through a VA FFL. They got the Federal criminal database, the VA one is redundant. Hopefully this lawsuit abolishes the limits for all states/district/territories not just DC.

If I am on vacation in FL and my gun is stolen from my vehicle/hotel room, I can't go to a local gun store and replace it. So the current law would force me to be disarmed until returning to my home state. (whats that about "shall not be infringed"?)
 

IanB

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Me wonders how gun control commandant Helmke will spin this issue (DC residents not able to purchase firearms, demanding access to Virginia gun stores for purchase) as a "common sense" issue. Let me try:

"It's only common sense that we keep FFL's a considerable distance (1000 feet) away from schools, daycares, churches, community centers, and other "sensitive places". This common sense measure will ensure that nobody can operate an FFL in our nations capitol, as there are NO places outside this 1000 foot fantasy zone for them to operate. High fives all around!"

See it's not gun control, it's common sense!
 

The Wolfhound

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I always thought it was a Federal code....

That you could buy long guns in your state and bordering states but handguns only in your state of residence. I had always attributed that to the Gun Control Act of 1968. I would be glad to have that preconception wrong. Busting that prohibition loose would be quite wonderful.
 

peter nap

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That you could buy long guns in your state and bordering states but handguns only in your state of residence. I had always attributed that to the Gun Control Act of 1968. I would be glad to have that preconception wrong. Busting that prohibition loose would be quite wonderful.

I believe your right!
This suit is challenging the handgun sales ban.
Virginia may ban non residents from buying long guns. I'll have to look at that again.
 

Grapeshot

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I believe your right!
This suit is challenging the handgun sales ban.
Virginia may ban non residents from buying long guns. I'll have to look at that again.

5. Notwithstanding any other provisions of this section, rifles and shotguns may be purchased by persons who are citizens of the United States or persons lawfully admitted for permanent residence but residents of other states under the terms of subsections A and B upon furnishing the dealer with proof of citizenship or status as a person lawfully admitted for permanent residence and one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2:2
 

Dreamer

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Alan Gura should direct his client, Michelle Lane to go see Josh Sugarmann of the Violence Policy Center to facilitate her transfer. He currently holds a valid Class 01 FFL and can do transfers under DCs and Federal laws...

Josh Sugarmann
Violence Policy Center
1730 Rhode Island Avenue, NW
Suite 1014
Washington, DC 20036

Phone: (202) 822-8200
url: www.vpc.org

Sugarmann's complete FFL number is Number 1-54-000-01-8C-00725



I don't know about y'all, but I'd LOVE to have a video of that conversation...
 

KBCraig

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That you could buy long guns in your state and bordering states but handguns only in your state of residence. I had always attributed that to the Gun Control Act of 1968. I would be glad to have that preconception wrong. Busting that prohibition loose would be quite wonderful.

You're mostly correct. The "bordering states" was eliminated with FOPA '86. Now, long guns can be bought in any state, so long as the the laws of the purchaser's state and the state of purchase both allow it.

But, that's a federal matter, and under Article 1, Section 8 of the U.S. Constitution they have the authority to regulate interstate commerce. The Congress has the sole authority to restrict interstate commerce; the states themselves do not have any authority over interstate sales.
 

mrjam2jab

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You're mostly correct. The "bordering states" was eliminated with FOPA '86. Now, long guns can be bought in any state, so long as the the laws of the purchaser's state and the state of purchase both allow it.

But, that's a federal matter, and under Article 1, Section 8 of the U.S. Constitution they have the authority to regulate interstate commerce. The Congress has the sole authority to restrict interstate commerce; the states themselves do not have any authority over interstate sales.


From what I read....VA also has a "handgun purchase by residents only" law...
 

2a4all

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It would appear that a resident of another state (or DC) could legally purchase a handgun in Virginia from an FFL.

§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
C. No dealer shall sell, rent, trade or transfer from his inventory any firearm, except when the transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions of subdivision B 5 to any person who is not a resident of Virginia unless he has first obtained from the Department of State Police a report indicating that a search of all available criminal history record information has not disclosed that the person is prohibited from possessing or transporting a firearm under state or federal law. The dealer shall obtain the required report by mailing or delivering the written consent form required under subsection A to the State Police within 24 hours of its execution. If the dealer has complied with the provisions of this subsection and has not received the required report from the State Police within 10 days from the date the written consent form was mailed to the Department of State Police, he shall not be deemed in violation of this section for thereafter completing the sale or transfer.
 

KBCraig

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You're mostly correct. The "bordering states" was eliminated with FOPA '86. Now, long guns can be bought in any state, so long as the the laws of the purchaser's state and the state of purchase both allow it.

But, that's a federal matter, and under Article 1, Section 8 of the U.S. Constitution they have the authority to regulate interstate commerce. The Congress has the sole authority to restrict interstate commerce; the states themselves do not have any authority over interstate sales.

From what I read....VA also has a "handgun purchase by residents only" law...

I believe you missed my point: Virginia can pass all the laws they want saying that only residents may purchase handguns, or cigarettes, or gasoline, or Goo-Goo pies, but those laws would be in direct violation of Article 1, Section 8, of the U.S. Constitution, which says that the Congress alone has the power to regulate interstate sales.
 

All American Nightmare

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Yes, we do and it appears that it's happening. May it continue!

I really doubt Obama can do it but if nothing else, he's darned smart and the Republicans have a proven track record of running the WRONG person when the tide is in their favor.

There are some possible twists with this though. It really revolves around the instant background check, something I hate and the anti's love. That may bite them in the backsides if this wins.

On the other hand, if this turns on us and provides fuel for checks on ALL gun purchases including private sales, I'm gonna be looking to put some knots on the SAF.
We can all hope the right questions are ask.
 

Dreamer

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I hope SAF serves Sugarmann with a subpoena to testify in this case. When he explains that the reason why he can't do Mr. Lane's transfer is because he's not zoned to do commercial sales, someone needs to instruct the Bailiff of the Court to have him arrested for falsifying a Federal Application...
 
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