Ex-Pat Can Challenge Law Blocking Access to Guns

courthousenews.com ^ | 18 April, 2011 | RYAN ABBOTT

[marktwain]

WASHINGTON (CN) - A U.S. citizen can sue the attorney general because his Candian residency excludes him from buying a gun in America, the D.C. Circuit ruled. Friday's ruling overturns the decision of a federal judge to dismiss the complaint filed by Stephen Dearth and the Second Amendment Foundation. Dearth and the nonprofit dedicate to gun rights sued Attorney General Eric Holder for declaratory and injunctive relief over Federal Form 4473, which asks purchasers of firearms for their state of residence. Because Dearth, a U.S. citizen, lives in Canada, he could not legally complete the form and therefore could not buy a gun. "We agree with Dearth that the Government has denied him the ability to purchase a firearm and he thereby suffers an ongoing injury," Judge Douglas Ginsburg wrote for the court's three-judge panel. The court remanded the case back to District Court. "This is a significant ruling in our favor," Second Amendment Foundation's executive vice president, Alan Gottlieb, said in a statement. "Many American citizens face the same dilemma as Mr. Dearth. They are good citizens, they've committed no crimes, and they would certainly be allowed to exercise their Second Amendment rights, except for the fact that they live in another country." Alan Gura argued for Dearth and the nonprofit.

[marktwain]

This is a significant ruling. Consider that it opens up many more cases, because it acknowledges that a person whose ablility to exercise his Second Amendment rights has been impaired, has been damaged, and has standing to sue.

[snowsislander]

Clearly, the ridiculous mess of laws that have been passed do a great deal to harm the RKBA of Americans.

Instead of trying to figure out a way through the stupid mess that has been created by the GCA, NFA, FFA, FPOA, and all the other nonsense that the idiots in Congress have created, we should repeal the whole mess. That's what the Federal Firearms Freedom Act (the FFFA) does:

Federal Firearms Freedom Act

1) United States Code Title 18, Part I, Chapter 44 is hereby repealed in its entirety.
2) United States Code Title 26, Subtitle E, Chapter 53 is hereby repealed in its entirety.

This restores the RKBA. It eliminates all federal gun control and firearms taxes. It leaves only the Second Amendment as the sole federal law relating to firearms.

[HiTech RedNeck]

Is there even any law dictating this stupid bureaucratic glitch. There would be more cases than just the expats who could not fill out the foolish form as it asks. How about snowbirds who winter in one state, summer in another?

[Tainan]

Interesting case. How does this affect his right to possession of his purchase in his resident country?
Being as he resides in Canada, it would seem that he cannot transport his weapon purchase, if its a handgun, nor possess it in his Canadian home.
I live in a country that does not allow private citizens to own/possess handguns or long guns period. As this is my place of residence, even though I am a valid U.S. Citizen, would I not be allowed to buy a handgun/long gun on a trip to the U.S.A.? Of course I would not attempt to bring it back home - would store it with the rest of my collection in the sunken boat at the bottom of the lake...tragic accident!

Interesting questions I had not considered.