- Jan 29, 2013
- Reaction score
And now for the crying, wailing, and the gnashing of teeth by Liberals, Gun grabbers, and Moms against Guns.
Holder lost another one.BREAKING Federal Judge Strikes Down Interstate Handgun Transfer Ban - The Truth About Guns
In a ruling issued today, a Federal judge has declared that the longstanding ban on gun dealers selling handguns to residents in different states is not only unconstitutional under the Second Amendment, but also violates other fair trade provisions of the United States Constitution. The full decision is available here, but from what I can tell this looks to be a major win for the Citizen’s Committee for the Right to Keep and Bear Arms. Louis Bonham, one of TTAG’s consulting lawyers, wrote the following analysis of the ruling:
The suit was brought by a Texas gun dealer, two District of Columbia residents, and the Committee for the Right to Keep and Bear Arms. In what appears to have been a test case, the DC residents wished to purchase a handgun from the Texas dealer, but federal law prohibited them from doing so without having the Texas dealer ship the gun to DC’s only FFL, who would have charged them a $125 transfer fee.
They then filed suit in federal court in the Northern District of Texas, arguing that the federal prohibition on direct sales of handguns by FFL’s to out of state residents unconstitutionally violated their rights under the Second Amendment and the Due Process clause of the Fifth Amendment.
After finding that the plaintiffs had standing to challenge the federal law, the court found that the residency restrictions of federal law were not “longstanding” (as opposed, e.g., to restrictions on the age of firearms purchasers that had been around for all of US history), but instead were of relatively recent origin.