Getting standing to change gun purchase laws


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leadcounsel
November 22, 2008, 08:34 AM
Proof of state residency is among the dumbest firearm purchase requirements. As long as you are a resident of the United States, the individual state should not matter.

Case in point:

I have moved around with the Army for awhile now. Each time I move to a new state, despite being on orders there, I am routinely denied the purchase of a firearm at gunstores because I am not a resident. Some states/gunstores allow purchase with a copy of my orders and some proof of residency such as a bill with my address on it...

Despite this, it effectively denies my purchase of a firearm for a window of time, up to months at times.

I have just returned from a combat tour in Iraq. I am a decorated war veteran with no skeletons in my closet. I am thinking of gaining standing to compell (sue if necessary) the states of Tennessee and Kentucky (I'm on the borders) to change the gun laws to allow purchases for non-residents. I would do this by going to a gun store and selecting a standard revolver and shotgun and then completing the paperwork in anticipation of denial under the NCIS due to non-proof of residency (ala Heller).

This seems to be a great way to get standing without doing something like getting arrested.

I may contact the NRA or other gun organizations to get their support beforehand. I may also contact Hellers lawyers to get their advice.

What suggestions do you have?

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7.62X25mm
November 22, 2008, 02:18 PM
Sign me up!

I agree entirely. State issued CCW should work across state lines just like marriage licenses and drivers licenses. If I have a CCW, I should be able to purchase a firearm in any state -- a rifle or handgun.

As I'm wont to point out to whomever might listen, "It's not like the restrictions are limiting my access to a handgun. I have a couple dozen at home in the safe, a couple more in the vehicle, and one on my person as we speak."

But yes, particularly for military -- NICS and a valid ID should be the sole criteria for purchase, regardless of what side of the state line you're standing on.

MGshaggy
November 22, 2008, 02:32 PM
I would do this by going to a gun store and selecting a standard revolver and shotgun and then completing the paperwork in anticipation of denial under the NCIS due to non-proof of residency (ala Heller).

First, you can legally buy a long gun in a state other than where you live IF the sale complies with the law of BOTH states. Many gun stores will not, however, as a matter of store policy.

Second, on what legal basis do you think you can challenge the federal prohibition against interstate handgun transfers? Just making the allegation that "Proof of state residency is among the dumbest firearm purchase requirements" is not going to get you past a 12(b)(6) (failure to state a claim upon which relief can be granted)

cbrgator
November 22, 2008, 02:36 PM
Except for special circumstances like NFA items, etc. firearms purchases are regulated by states. The federal government cannot step in here for you as the purchase of firearms is a state power and therefore each state can make its own laws regarding purchase requirements.

MGshaggy
November 22, 2008, 02:42 PM
firearms purchases are regulated by states.

Fail.

The issue is interstate transfers, which is governed by federal law. Moreover, its worth noting that the federal government could indeed regulate purely intrastate gun sales as a matter of interstate commerce.

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