Federal Interstate Handgun Sales Ban Ruled Unconstitutional

[gc70]

As Frank wrote earlier "It's very likely that the government will appeal, and it's also a strong possibility that the judgement will be stayed pending appeal."

The government had to request a stay because the injunction was immediate and nationwide and, without a stay, FFLs could have begun selling handguns to residents of other states starting on February 11.

The government has to appeal the ruling or accept FFLs being able to sell handguns to residents of other states.

 

[steelerdude99]

The DOJ requested a 60-day stay on Friday.

I saw this on Citizens Committee for the Right to Keep and Bear Arms (aka CCRKBA) site. http://www.ccrkba.org/?p=4779

In summary: FEDERAL JUDGE DENIES STAY REQUEST IN GUN TRANSFER CASE Monday, March 2nd, 2015

BELLEVUE, WA – A federal court in Texas has denied a government motion for a 60-day stay in a case involving interstate handgun transfers in which the judge applied strict scrutiny to determine whether a ban on such transfers meets constitutional muster. The case, known as Mance v. Holder, was filed by the Citizens Committee ... (see link for whole story).

chuck

 

[gc70]

Here is Judge O'Connor's Order denying the stay.

 

[Ryanxia]

Awesome! I would hope that folks who live in restrictive states will be able to purchase any handgun out of state, knowing that they can purhcase/own/possess it in that state but would still need to comply with their home state laws if they chose to bring it back to that state.

I noticed it was title interstate handgun transfer ban, wonder how this will affect private sales.

 

[tyeo098]

Private sales between 2 nonresidents would still have to go through an FFL.

But I guess this means when I'm on a visit down to FL next week I can peruse the shops at my leisure.

 

[Frank Ettin]

Awesome! I would hope that folks who live in restrictive states will be able to purchase any handgun out of state, knowing that they can purhcase/own/possess it in that state but would still need to comply with their home state laws if they chose to bring it back to that state.

I noticed it was title interstate handgun transfer ban, wonder how this will affect private sales.

...But I guess this means when I'm on a visit down to FL next week I can peruse the shops at my leisure.

Yes, private interstate sales are still off the table. Also the government could appeal and get a stay from the Fifth Circuit a stay of the injunction during appeal.

Whether this will have an immediate practical effect is also up in the air. See post 17.