Federal Judge Declares Interstate Handgun Transfer Ban Unconstitutional

[squidvt]

BREAKING: Federal Judge Declares Interstate Handgun Transfer Ban Unconstitutional - The Truth About Guns

http://cdn.pjmedia.com/instapundit/wp-content/uploads/2015/02/guraop021115.pdf


This is a MAJOR win IMHO. This is a huge part of the Federal laws that needed to go IMHO. I hope it stands!

 

[BehindBlueI's]

...so I could buy off gunbroker without going through an FFL?

 

[rvb]

why just applicable to handguns? why not long guns?

-rvb

 

[JollyMon]

 

[BehindBlueI's]

why just applicable to handguns? why not long guns?

-rvb

I'm reading the decision now, and it looks like because that wasn't what was brought in front of the court.

I tried to quote it, but the formatting is all weird when you cut and paste. It's on the top of page 2.

 

[Kirk Freeman]

Very big win: http://cdn.pjmedia.com/instapundit/wp-content/uploads/2015/02/guraop021115.pdf

See what happens at COA.

 

[BehindBlueI's]

Still reading, but it looks like it may not be open season on gunbroker just yet.

Plaintiffs challenge the federal interstate handgun transfer ban on its face, as applied in the context of handgun sales that do not violate any state or local laws, and as applied in the context of handgun sales where state or local laws require a license, pre-registration, or other form of approval to proceed with the sale.

(emphasis added). We don't have a pre-registration or pre-approval process in Indiana that I'm aware of. You must do the background check each time you purchase.

Still reading...

 

[Bennettjh]

So what now? It's legal to buy and sell handguns across state lines now?

 

[BehindBlueI's]

why just applicable to handguns? why not long guns?

-rvb

Under the law, FFLs may transfer rifles and shotguns to nonresidents so long as the FFL and recipient meet in person and the transfer fully complies with the legal requirements of both states. 18 U.S.C. § 922(b)(3)(A). The prohibition on directly transferring firearms to nonresidents applies only to handguns.

pg 16

 

[BehindBlueI's]

Ok, I'm done reading and still not exactly sure.

I *think* this applies to FFL sellers only. That if I'm in GA and want to buy a handgun, they run the NICS check and I'm ok, I can walk out with the gun and not have it shipped to an IN FFL. I don't know that this covers person to person sales because the case is about the context of "where state or local laws require a license, pre-registration, or other form of approval to proceed with the sale" and since we (at least in Indiana) don't have a pre-approval card of some sort to show another person, the NICS check would be how that's done.

To be frank, I'm still a bit confused by it though and I may be reading it wrong.

 

[squidvt]

I think we need to page Kirk for more information and Guy as well.
That's how I read it as well.

 

[JollyMon]

Ok, I'm done reading and still not exactly sure.

I *think* this applies to FFL sellers only. That if I'm in GA and want to buy a handgun, they run the NICS check and I'm ok, I can walk out with the gun and not have it shipped to an IN FFL. I don't know that this covers person to person sales because the case is about the context of "where state or local laws require a license, pre-registration, or other form of approval to proceed with the sale" and since we (at least in Indiana) don't have a pre-approval card of some sort to show another person, the NICS check would be how that's done.

To be frank, I'm still a bit confused by it though and I may be reading it wrong.

Yeah I thought this too, but whats throwing me for a loop is 922(a)(3), would that apply to individuals purchasing from individuals, which was ruled unconsitutional.... reading this stuff makes my head hurt... the way I read this as long as you are legally able to buy it and possess it in both states then its okay(?).... I may be way off

(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

edit...I guess 1(a) still applies.....

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

 

[Hoosier8]

...so I could buy off gunbroker without going through an FFL?

Only if you bought from an FFL.

 

[Hoosier8]

...so I could buy off gunbroker without going through an FFL? Interstate still requires an FFL federally, the question is why does it require two for handguns.

Only if you bought from an FFL.

 

[redryder]

So when can I go down to Whittakers and buy a pistol without a transfer?

 

[Kirk Freeman]

So when can I go down to Whittakers and buy a pistol without a transfer?

Safeties on and sling 'em.

No final order yet. It's going to be stayed when it goes up.

4 o'clock phones right now. Will be back after dinner.

 

[actaeon277]

I could be wrong (I often am) but isn't it saying that I should be able to buy a gun from a FFL in another state, without having to go thru an Indiana FFL?

 

[Hoosier8]

I could be wrong (I often am) but isn't it saying that I should be able to buy a gun from a FFL in another state, without having to go thru an Indiana FFL?

Yes.

 

[THE BIG SITT]

why just applicable to handguns? why not long guns?

-rvb

You can already buy a long gun at an FFL in another state.

 

[jwh20]

why just applicable to handguns? why not long guns?

-rvb

The ruling only applies to handguns which were specifically banned from being sold to out-of-state persons. Long guns had no such prohibition. But this does not eliminate the FFL or the NICS background check and also does not address any state-specific laws that might also apply. So person-to-person sales between residents of different states might still be illegal.

But as I understand this ruling, it means that a proper person could go to another state, say Michigan, and purchase a handgun from a dealer. I'm sure Holder's corrupt Justice Dept. will appeal this ruling since it chips away at one small part of the web of unconstitutional laws they have crafted but it's a tiny step in the right direction for a change.