Fed Judge in TX declares ban on interstate handguns sales is unconstitutional

[johndoe3]

Great win in a case funded by CCRKBA with Alan Gura as chief counsel. A Federal circuit court judge in Fort Worth Texas (5th Circuit--LA, MS, TX) ruled that the ban on FFLs from selling to customers from other states is unconstitutional.

http://www.ccrkba.org/?p=4702

http://www.examiner.com/article/unconst ... -transfers

He noted in his 28-page opinion that “the federal interstate handgun transfer ban burdens conduct that falls within the scope of the Second Amendment.”

[doubloon]

This will be interesting to watch.

[YoungBlood]

Everyone here understands the current system is based on old time method of checking a paper file (record) to verify no prohibition. Until the online system my state mandated all handgun sales be given entire 5 business day wait for local sheriff to literally check the records. Buy on Thursday Feb 12th (today) and pick up after 5 business days (24 hours) had passed which would be Friday Feb 20th.

It was mostly used to check paper records and burden the purchaser.

Of course, we know the no out of state purchases laws were supported by racist hateful politicians designed to impact blacks from buying handguns. Remember during civil rights era out of state people would bring in firearms to several states since the locals would not sale blacks hardly anything!

[johndoe3]

YoungBlood, of course you're right that the ban on interstate purchases of handguns was enacted based on paper records. As the Federal judge in this case wrote, the NICS system eliminates the issue of selling a handgun to someone who might not be legally entitled to buy it (felon, etc.), negating the need for a paper records check.

The ban on interstate sales of handguns was a central feature of the 1968 Gun Control Act, and therefore I'm not sure there was any racist component to its passage. Mostly, it was a progressive Democrat step to enact stricter gun control, regardless of whether it was constitutional or not. LBJ was president and the Congress had a Dem majority, so they passed it because they could.

[YoungBlood]

I should have been more clear. The 1968 laws were result from several events. But for my state the gun laws began long before the federal issues we face today.

I am from south. I have read the old "blue" laws. Resident lawyers showed me years ago I was wrong when I thought same thing about our laws... Our laws began post reconstruction...

[continuity]

Interesting that the judicial system has an element that sees things this way. Nice. However, the judges position for now, is a "legal opinion", and is in contradiction to established law.

[BadKarmaZeroSix]

Well, if one part of GCA '68 is unconstitutional, we should prob just scrap the whole thing...

[doubloon]

Well, if one part of GCA '68 is unconstitutional, we should prob just scrap the whole thing...

Or ... we should push to have similar legislation passed to regulate bows, arrows, knives, clubs, pointy sticks, piano wire and rolled up newspapers. An unrolled newspaper should be treated the same as an 80% lower.