Have you ever ever actually taken a second to think about how absurd it’s {that a} resident of 1 state can not buy a handgun from a licensed firearms seller in one other state, although the potential purchaser would nonetheless must move the identical federal background examine as required of their dwelling state?
I’ve puzzled over this quite a few instances over time, primarily as a result of there’s completely no logic behind such a restriction. Now, the nice people on the Firearms Coverage Coalition (FPC) are taking motion on it.
On January 21, the FPC filed a lawsuit, Elite Precision Customs v. ATF, difficult federal legal guidelines prohibiting licensed firearm sellers from promoting handguns to out-of-state patrons.
“FPC and our brave co-plaintiffs are proud to tackle the federal authorities and combat ahead to deliver this evil ban scheme to its finish,” FPC President Brandon Combs mentioned in a press launch saying the motion. “This essential case is a part of our broader strategic litigation efforts to eradicate legal guidelines that deny the fitting of peaceful individuals to train their proper to amass, possess, and carry arms whereas exterior their state of residence. By this case and others, we sit up for eliminating these immoral regulatory schemes as soon as and for all.”
The criticism, filed within the U.S. District Court docket for the Northern District of Texas on behalf of two particular person FPC members and firearms retailer Elite Precision Customs, said: “This lawsuit challenges the federal ban on interstate transfers of handguns from federally licensed sellers to people who’re in any other case eligible to buy and possess a handgun for lawful functions however can not buy immediately from a seller as a result of they don’t dwell in the identical state because the seller.”
Because the lawsuit explains, below federal legislation, it’s a crime for a person to “transport into or obtain within the State the place he resides . . . any firearm bought or in any other case obtained by such individual exterior that State,” except the switch was by “bequest or intestate succession.” Federal legislation additionally bars licensed federal firearms sellers from promoting firearms to people who don’t reside throughout the state during which a seller’s workplace is positioned.
“The one solution to buy a handgun from an out-of-state seller is to rearrange and pay for that seller to ship the handgun to an in-state seller, at private price and substantial delay, to finish the switch,” the lawsuit states. “This imposes a hardship on Plaintiffs Herron and Blish, who ceaselessly journey and want to buy handguns immediately from licensed sellers with out having to coordinate transferring them to an FFL of their dwelling states. It additionally imposes a hardship on clients and potential clients of Elite Precision, who’re typically people who dwell exterior of Texas and who both must forego purchases or coordinate a purchase order by way of a intermediary FFL of their dwelling state.”
In the end, FPC seeks a courtroom declaration that the legislation is unconstitutional below the Second Modification and requests a everlasting injunction towards its enforcement.
“The federal government’s ban stopping firearm sellers from promoting handguns to those that reside in different states is unconstitutional,” mentioned Cody J. Wisniewski, president of the FPC Motion Basis. “The ban has no historic assist and can’t be justified below Supreme Court docket precedent. We sit up for demonstrating that in courtroom.”
