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Interstate Handgun Transfer Ban

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Chris Farris View Drop Down
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Joined: October/01/2003
Location: Texas
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Chris Farris Quote  Post ReplyReply Direct Link To This Post Topic: Interstate Handgun Transfer Ban
    Posted: February/13/2015 at 15:37

Interstate Handgun Transfer Ban
Struck Down by Judge

 

This week a federal judge in Texas struck down the 1968 Gun Control Act's federal interstate handgun transfer ban as unconstitutional under both the Second Amendment and the Due Process Clause of the Fifth Amendment. This law applies only to handguns and prohibits a resident of one state from purchasing a handgun in another state without first transferring the firearm to an FFL in the person's state of residence to complete the sale.

Plaintiffs filed suit after a D.C.-based couple sought to purchase two handguns while in Texas, but would have been forced to pay the only D.C-based FFL a $125 transfer fee in order to complete the sale. In addressing plaintiffs' Second Amendment challenge the judge applied the exacting standard of strict scrutiny to find that there was no "founding-era thinking" that could be relied upon to support a residency-based firearm restriction such as exists with the ban.  This finding, coupled with the National Instant Criminal Background Check System, which did not exist at the time the ban was enacted, and the failure of the Department of Justice to provide the court with data to show the ban is narrowly tailored to meet the Government's interest in reducing crime, allowed the court to hold the ban violates the Second Amendment. The court also found the ban violates the Due Process Clause of the Fifth Amendment because it "creates a discriminatory regime based on residency" that interferes with the constitutional right to keep and bear arms.

NSSF expects the Department of Justice to seek a stay of the court's order while it appeals the ruling to the Fifth Circuit Court of Appeals We caution all retailers not to transfer handguns to out of state residents based on this ruling at this time. If you have any questions on the effect of this ruling please consult your attorney or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for guidance. NSSF will seek to file an amicus brief on behalf of all retailers in support of this ruling and will keep you apprised of any updates as this case makes its way through the appellate process.
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bowana View Drop Down
Optics GrassHopper
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bowana Quote  Post ReplyReply Direct Link To This Post Posted: April/11/2015 at 22:14
INTERESTING....to say the least. GOD BLESS TEXAS!
WHY?......Because I can!
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stickbow46 View Drop Down
Optics Master Extraordinaire
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Post Options Post Options   Thanks (0) Thanks(0)   Quote stickbow46 Quote  Post ReplyReply Direct Link To This Post Posted: April/13/2015 at 10:15
+1
Pearls of Wisdom are Heard not Spoken
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