Federal Judge Declares Interstate Handgun Transfer Ban Unconstitutional

[Kirk Freeman]

tax stamps are akin to pole taxes

I'll do a pole tax case pro bono!

Oh . . . wait . . .

 

[GodFearinGunTotin]

I'll do a pole tax case pro bono!

Oh . . . wait . . .

Cover charges are not pole taxes.

 

[CathyInBlue]

Well, you know . . . you can do that now.

I can go on Bud's Gun Shop, find a handgun I like, give my bonafides and payment, and have it shipped directly to my home?

Edit: Forgot Brownell's doesn't sell whole guns.

 

[Kirk Freeman]

I can go on Brownell's, find a handgun I like, give my bonafides and payment, and have it shipped directly to my home?

By handgun you mean C&R; by bonafides you mean your C&R license, right?

 

[CathyInBlue]

You can buy a brand new double-stack 1911 with a C&R?

 

[Maximinus Thrax]

There was an M&P Shield at the BX at Wright-Patt for 319.00 I really wanted to get but couldn't, maybe someday?

Saw a similar situation at Eilson AFB and Barksdale AFB over the past couple of years. Made me very sad not being able to purchase.

 

[Kirk Freeman]

You can buy a brand new double-stack 1911 with a C&R?

Not yet.

 

[Dead Duck]

Yeah, yeah, yeah. When can we see a return of mail-order firearm sales?

Well, you know . . . you can do that now.

Just not on Sundays....

 

[24Carat]

I've been saving the last bottle from an amazing batch of homebrew for just such an occasion !

 

[ModernGunner]

\
I think gunbroker is going to get really busy, and the MDA's will explode with "buying guns online with out a backround check"

Oh gee, do ya really think so? Please don't get my hopes up, unprovoked!

 

[Beowulf]

It will be interesting if this is upheld. How will the mechanics of this work? If you order from an FFL in another state (Bud's or Centerfire), how will you fill out the 4473? Fill it out and mail it to them? Will there be an electronic form? Have the dealer fill it out for you? (though in this last case, the ATF will have to change wording on the form and remove the signature field).

Can they then ship it to you directly? If the original dealer can take your 4473 and phone it in, that should be fine, as you can ship your gun off for repair to an out-of-state licensed shop and they can ship it back to you directly.

 

[Kirk Freeman]

If you order from an FFL in another state (Bud's or Centerfire), how will you fill out the 4473?

I don't understand. The order struck down the state line restrictions (both ends), not the 4473 or FFL requirement.

If upheld, you will be able to buy a handgun from an FFL in Missouri or Montana.

 

[rvb]

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

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.

that's what I get for just skimming the article after already reading the first comment here about buying from gunbroker...
the ruling would apply to in-person sales, aligning it w/ long gun sales... now it makes sense.

too bad they didn't go bigger picture and rule against the gca and requiring ffl's in general...

-rvb

 

[GodFearinGunTotin]

I don't understand. The order struck down the state line restrictions (both ends), not the 4473 or FFL requirement.

If upheld, you will be able to buy a handgun from an FFL in Missouri or Montana.

And be shipped to your house? (Say from Buds, KYGunCo, GrabAGun, etc?)

 

[Kirk Freeman]

And be shipped to your house?

Ok, let's slice this apple real thin.

If you go to Missouri for a fun-filled GFGT family vacation, dad wanders off and hits Big Jim's House of Guns & Stuff, sees a gun he likes, passes on it because he wants it in a different caliber and then buys the Ruger LCR he has been looking for, buys the handgun from an FFL, passes the NICS check, pay for it, and walks out the door with it from Big Jim's House of Guns & Stuff in Columbia, Missouri and then walk down to DHL or Fedex and ship it back to stately GFGT Manor?

Sure.

If you mean, I sit in my house in Indiana and have Big Jim mail it to me without the 4473 and the NICS check?

No.

 

[chipbennett]

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

I admit I'm not at all familiar with evil online gun sales. Does gunbroker deal in private sales, or FFL sales?

If it's FFLs, I don't see how the ruling would remove the requirement that the sale go through at least one FFL. It merely removes the requirement for a second FFL (and subsequent FFL transfer fee) - at least, as I understand it.

 

[chipbennett]

In a nutshell, celebrate, but don't be making any gun shop tours of the Midsouth or Midwest this Spring.

Being able to stop in a gun show in St. Louis, or Cincinnati (or in Dayton, as long as I'm here) - or even that huge gun shop down in Louisville, conduct the FFL transaction on the spot, and leave with my legally purchased firearm would be very nice.

What is the over/under on this getting settled, in years?

 

[Kirk Freeman]

What is the over/under on this getting settled, in years?

We'll have a final order tomorrow or Tuesday (President's Day Monday).

DoJ will file to go up to the Court of Appeals by the end of the month. Court of Appeals decision say . . . 10 months maybe?

T. Lex might have a better guess than me on timeframes.

 

[T.Lex]

We'll have a final order tomorrow or Tuesday (President's Day Monday).

DoJ will file to go up to the Court of Appeals by the end of the month. Court of Appeals decision say . . . 10 months maybe?

I'd say 10 months would be a fast track for an appellate decision. After the final order, there might be post-judgment motions that could affect when the "appeal" actually starts. So, let's call it a year for the appeals court decision.

After that, there's the petition for SCOTUS review (called a writ of certiorari or "cert"). If that's on rails, the earliest it would be heard would be the 2016-17 docket, more likely the 2017-18. This is so narrow, though, I actually think there's a real chance SCOTUS won't even be interested, unless there's a split in the circuits or some other ramification from this case.

For the appeals, I wouldn't expect a "final" result for a couple-a-three years.

But, there are other external factors - like elections. A new AG could decide that this isn't a case worth pursuing and just accepting the judgment. That'd basically be game over - win.

 

[GodFearinGunTotin]

Ok, let's slice this apple real thin.

If you go to Missouri for a fun-filled GFGT family vacation, dad wanders off and hits Big Jim's House of Guns & Stuff, sees a gun he likes, passes on it because he wants it in a different caliber and then buys the Ruger LCR he has been looking for, buys the handgun from an FFL, passes the NICS check, pay for it, and walks out the door with it from Big Jim's House of Guns & Stuff in Columbia, Missouri and then walk down to DHL or Fedex and ship it back to stately GFGT Manor?

Sure.

If you mean, I sit in my house in Indiana and have Big Jim mail it to me without the 4473 and the NICS check?

No.

I was afraid of that. But figured we might as well clarify.

Oh...and you'll always find stately GFGT manner in the great State of d
Disarray.