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Federal Interstate Handgun Sales Ban Ruled Unconstitutional [is this hugh or what?]
Firearms Policy Coalition ^ | 2/11/15 | CCRKBA / Alan Gura

Posted on 02/11/2015 10:59:05 AM PST by NewJerseyJoe

In another excellent victory for civil rights by attorney Alan Gura, United States District Court Judge Reed O’Connor struck down the federal interstate handgun sales ban earlier today, finding it unconstitutional (both facially and as-applied) under the Second Amendment and the Fifth Amendment’s Due Process Clause.

(Excerpt) Read more at firearmspolicy.org ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events
KEYWORDS: 2a; banglist; commerceclause; guncontrol; gungrab; holder; rkba
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To: mosaicwolf

Don’t count on the sales person at Gander Mountain knowing anything about the ruling. Besides, GM has outrageous prices on it’s firearms, usually well above MSRP.


41 posted on 02/11/2015 12:37:48 PM PST by Blood of Tyrants (True followers of Christ emulate Christ. True followers of Mohammed emulate Mohammed.)
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To: Beagle8U

“Go online and find the best price, have it shipped to a local dealer for the transfer/background check. $25 transfer fee and away you go.”

You can already do that. Just bought a Sig P290 last summer that way.


42 posted on 02/11/2015 12:41:23 PM PST by Blood of Tyrants (True followers of Christ emulate Christ. True followers of Mohammed emulate Mohammed.)
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To: Yo-Yo
the one and only FFL dealer in Washington, D.C. who wanted to charge $125 per gun for the transfer.

I suspect that charge will greatly decrease!

43 posted on 02/11/2015 12:44:16 PM PST by pa_dweller (If just one life can be saved, isn't CCW worth it?)
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To: NewJerseyJoe

I wonder if this ruling has any bearing on private sales which do not require an FFL transfer at all. Can individuals now sell across state lines sans FFL?


44 posted on 02/11/2015 12:45:24 PM PST by RightOnTheBorder
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To: cherokee1
So far I can’t tell if it knocks out the contiguous state provision

The contiguous state provision was struck down years ago. As long as your state allows you to purchase out of state, and the state you're in allows sales to out of state persons, you can buy from an FFL.

45 posted on 02/11/2015 12:45:28 PM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Paine in the Neck

“what about interstate transport or interstate carry”

I keep thinking this about homo marriage. When the court rules that all states must recognize marriage licenses from another, that means my CCW is good in all 57 states too, right?


46 posted on 02/11/2015 12:47:46 PM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: NewJerseyJoe

Eventually, the liberals will have to make a showing in court that their stupidly “crafted” laws are constitutional because “we want them to be, and, besides, we don’t care if they are or not.”


47 posted on 02/11/2015 12:49:18 PM PST by DPMD
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To: Blood of Tyrants

It might depend on the state when it comes to handguns.

I think it is/was illegal in MI, even if you take delivery here.

Something to do with the fact that you bought it before the transfer.


48 posted on 02/11/2015 12:53:02 PM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: DesertRhino

that thought occurred to me, too


49 posted on 02/11/2015 12:53:02 PM PST by QualityMan (Don't Tread on Me)
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To: NewJerseyJoe

Awesome!
Thanks for posting this. Needed some good news.


50 posted on 02/11/2015 12:57:07 PM PST by zeugma (The act of observing disturbs the observed.)
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To: SpeakerToAnimals

As a general rule, felons do not go to gun stores like law-abiding people do, to get their guns.

They either have straw purchasers buy them for them, or they steal them from law-abiding folks, or buy already stolen guns on the street.


51 posted on 02/11/2015 1:28:50 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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Looks like the judge is on the United States District Court for the Northern District of Texas. Exactly how far does this ruling extend? It’s not a Circuit Court opinion, so it’s reach is probably fairly narrow. However, being upheld on a facial challenge makes it a great case for subsequent citations.


52 posted on 02/11/2015 1:32:29 PM PST by zeugma (The act of observing disturbs the observed.)
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To: NewJerseyJoe

I’m sure there are antis laying on the floor kicking and screaming or running down the hall, waving thier arms in the air screaming “Oh crap, we’re all gona die!”.


53 posted on 02/11/2015 1:34:06 PM PST by Duckdog (If it wasn't for NASCAR my TV would have gone out the window years ago!)
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To: mosaicwolf

What about New Jersey’s unconstitutional requirement to have a permit to purchase before buying a firearm?


54 posted on 02/11/2015 1:34:58 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: Yo-Yo
Face to face sales outside of your home state are verboten by Federal law. Only purchases of long guns out of state from an FFL are legal, and only if your home state allows it.

Likewise, your home state may still regulate or forbid out of state handgun purchases. We shall see how this shakes out in the long run.

So, the Constitution now says "shall not be infringed unless we say so"? Where in the

55 posted on 02/11/2015 1:38:51 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: JimRed

Started to type “where in the Constitution does it say...” and got interrupted, messed it up.


56 posted on 02/11/2015 1:54:41 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: JimRed

I hear you, and I agree with you, but I’m not willing to go to jail to prove a point.


57 posted on 02/11/2015 1:56:36 PM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: rellimpank

That is HUGH! It is SERIES! All your base are belong to us! Pwned!


58 posted on 02/11/2015 2:30:14 PM PST by 2harddrive
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To: NewJerseyJoe

If you “like” this ruling mash below and donate to the SAF!

https://www.saf.org/?page_id=66


59 posted on 02/11/2015 2:34:24 PM PST by mad_as_he$$
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To: mosaicwolf
So does this mean that as an Arkansas resident I can now go 3 miles from Texarkana AR to Gander Mountain in Texarkana TX and buy a handgun? This would be a major convenience for many that live on state lines. Comments?

Yes it does.

60 posted on 02/11/2015 3:18:32 PM PST by Red Steel
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