Texas Federal Case on Interstate Transfer of Handguns....

[mehavey]

> US District Court/Northern District of Texas: Mance v. Holder
> Court noted that FFL’s could sell long guns to out of state
> residents without involving a second FFL, and that there
> was no evidence that the involvement of a second FFL in
> handgun purchases served any particular purpose. The Court
> also noted FFL’s are required to run a NICS check on all
> handgun purchasers, that federal law prohibited FFL’s from
> selling to persons not authorized to purchase handguns
> under their state or local law, and that nothing prevented
> states from prosecuting out-of-state FFL’s who illegally
> sold handguns to their residents.
>
> In short, there was nothing achieved by having a second FFL
> involved that could not also be achieved by simply applying
> the same laws that apply to interstate sales of long guns.
http://www.thetruthaboutguns.com/20...rstate-handgun-transfer-ban-unconstitutional/
http://cdn.pjmedia.com/instapundit/wp-content/uploads/2015/02/guraop021115.pdf
https://www.nraila.org/articles/201...erstate-transfer-of-handguns-unconstitutional

Has anything ever come of this ruling across a wider venue ?

 

[Tom Servo]

The opinion was issued about six months ago. It's from the district court, so it's not really binding. It has yet to go to the 5th Circuit.

 

[gc70]

The case is now Mance v Lynch and is in the briefing stage at the 5th Circuit. The government's initial brief is here.

The case's previous discussion is here.

As Frank Ettin noted:

The injunction will apply nationwide, because it blocks any enforcement as unconstitutional on their face of specific federal statutes and regulations.

However, as Frank also noted:

As to the practical question of whether someone can now go and buy a handgun at an FFL in another State, Lawyer Branca answers:

...As a practical matter, however, I’m sure you’ll find the answer to be “no.” I very much doubt any FFL is going to be willing to do direct out-of-state transfers until this matter has been thoroughly litigated, and even then only if the ATF(E) issues a letter assenting to such transfers. Given this order came from a “mere” federal District Court, we are a many years from having this be settled law.

And absent settled law it’s hard to imagine an FFL incurring the risk of prosecution on a 10-year Federal felony for the profit he’d make selling a Glock 19 to an out-of-state buyer....