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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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1 posted on 02/11/2015 10:59:05 AM PST by NewJerseyJoe
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To: NewJerseyJoe

http://www.gun-tests.com/news/news/SAF-Challenges-Interstate-Handgun-Sales-Ban_2997-1.html#.VNunMebF9uM


2 posted on 02/11/2015 11:01:46 AM PST by Southack (The one thing preppers need from the 1st World? http://tinyurl.com/ktfwljc .)
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To: NewJerseyJoe

—that would indeed be huge—


3 posted on 02/11/2015 11:01:52 AM PST by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: NewJerseyJoe

Good news.


4 posted on 02/11/2015 11:02:03 AM PST by House Atreides (CRUZ or lose!)
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To: NewJerseyJoe

Both HUGH and SERIES!!


5 posted on 02/11/2015 11:04:00 AM PST by NEMDF
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To: NewJerseyJoe

The Brady nuts have got to be peeing their panties right now.


6 posted on 02/11/2015 11:04:42 AM PST by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: NEMDF

“Both HUGH and SERIES!!”

Heh!


7 posted on 02/11/2015 11:07:44 AM PST by Da Coyote
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To: NewJerseyJoe
The ban never did make sense. I'd get the same background check in another state as I get in my home state. Full background check if I bought at a gun store: no check if a private sale. Crossing the state line was irrelevant.
8 posted on 02/11/2015 11:11:44 AM PST by JoeFromSidney (Book RESISTANCE TO TYRANNY, available from Amazon.)
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To: NewJerseyJoe

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?


9 posted on 02/11/2015 11:11:59 AM PST by mosaicwolf (Strength and Honor)
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To: NewJerseyJoe
Yeah this huge; and it is serious for this Judge; the progressive liberal democrat communists and the PLDC media; are going to be on Judge O'Conner like white on rice, look for something serious to happen to him; the PLDC's will make every effort to destroy his life.
10 posted on 02/11/2015 11:15:40 AM PST by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: NewJerseyJoe
If restricting interstate sales is unconstitutional, what about interstate transport or interstate carry?
11 posted on 02/11/2015 11:18:41 AM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: NewJerseyJoe; All

Chalk the federal ban on interstate gun sales up as another example of problems with the 17th Amendment. In other words, I suspect that the Senate would have killed the gun ban bill if state lawmakers still uniquely controlled the Senate.


12 posted on 02/11/2015 11:21:20 AM PST by Amendment10
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To: NewJerseyJoe

WE’ve known it was unconstitutional since 1968!


13 posted on 02/11/2015 11:24:27 AM PST by Ruy Dias de Bivar
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To: mosaicwolf

I think so ...

Go for it.


14 posted on 02/11/2015 11:26:01 AM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: JoeFromSidney

About thirty years ago when I found myself in sudden need of a defensive gun, I had to drive to the next county, which did not have a three day waiting period. So, yes, it will help the border people, unless the laws there don’t include a three day wait, or if they’ll accept your out of state carry license in lieu of the wait.

(I always wondered if anybody had been saved by the three day wait. But what the wait didn’t take into account was people who suddenly found themselves in a lawsuit with a desperate criminal.)


15 posted on 02/11/2015 11:30:03 AM PST by Gen.Blather
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To: JoeFromSidney
The ban never did make sense. I'd get the same background check in another state as I get in my home state. Full background check if I bought at a gun store: no check if a private sale. Crossing the state line was irrelevant.

Careful there, pardner. 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.

16 posted on 02/11/2015 11:30:43 AM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: NewJerseyJoe

I’m sure the Rats are already planning to impeach that judge.


17 posted on 02/11/2015 11:33:15 AM PST by rdl6989
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To: Paine in the Neck

FOPA makes interstate transport & carry legal, so long as you abide by state law.

The problem with _sales_ was that the feds banned _buying_ a handgun in another state not _adjacent_ to yours. Living in GA, I could cross into FL and buy, but not get one in WY.


18 posted on 02/11/2015 11:33:35 AM PST by ctdonath2 (Si vis pacem, para bellum.)
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To: rellimpank

It will also lower handgun prices greatly!

It will open up handgun sales online just like long guns.

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.


19 posted on 02/11/2015 11:35:37 AM PST by Beagle8U (NOTICE : Unattended children will be given Coffee and a Free Puppy.)
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To: NewJerseyJoe

Me starting to like strict scrutiny, heap big!


20 posted on 02/11/2015 11:35:47 AM PST by Carry_Okie (Those who profess noblesse oblige regress to droit du seigneur.)
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